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(영문) 전주지방법원 2017.06.13 2015가단28809
손해배상(지)
Text

1. The Defendant’s KRW 6,00,000 as well as the Plaintiff’s annual rate of 5% from September 14, 2012 to June 13, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a copyright holder of the novel “C” (total 10 pages) and “D” (total 8 pages).

B. On July 2012, the Defendant opened the can file of the instant copyrighted work (hereinafter referred to as “instant copyrighted work”) at the file tank (www.fil joint andcom), which is a Internet site, to a patrolman, so that many and unspecified members can download the file.

(hereinafter “instant tort”). C.

Accordingly, the Plaintiff filed a complaint against the Defendant with the Jeonju Police Station in violation of the Copyright Act, and on September 14, 2012, the Defendant received a summary order of KRW 3 million from the Seosan Branch of the Daejeon District Court on September 14, 2012 to a fine of KRW 3 million due to a violation of the Copyright Act (the Seosan Branch of the Daejeon District Court 2012 High Court 2090).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 7, the purport of the whole pleadings

2. According to the facts acknowledged as above, the defendant's act of offering the work of this case to unspecified users by placing it on the above site without the plaintiff's permission as copyright holder constitutes an act infringing the plaintiff's right of transmission and distribution, which is the holder of author's property right of the work of this case.

Therefore, the defendant is liable for damages sustained by the plaintiff due to the plaintiff's infringement of author's property right.

As to this, the defendant asserts that the plaintiff filed a criminal complaint against the defendant in violation of the Copyright Act on July 17, 2012, and that the plaintiff filed the lawsuit in this case on September 7, 2015 after the three years thereafter, the three-year extinctive prescription for the plaintiff's damage claim against the defendant has expired.

However, the "date of knowing the damage and the identity of the perpetrator" under Article 766 (1) of the Civil Code was actually and specifically recognized as to the elements of the tort, such as the occurrence of the damage, the existence of the illegal harmful act, and the existence of proximate causal relation between the harmful act and the occurrence of the damage.

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