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1. The Defendants each of the KRW 100,000 and each of them to the Plaintiff, respectively, Defendant B, from May 9, 2017, and Defendant C, D, G, and K.
Reasons
1. The plaintiff's basic fact is a author who has drawn up approximately approximately 18 Monopoly 1997, in the name of "N", and published the novel, and registered each copyright with the Korea Copyright Commission on the plaintiff's copyrighted works.
The Defendants, from September 2013 to September 2014, 2013, the Plaintiff’s respective copyright registrations, opened part of the Plaintiff’s novels on the Internet website without the Plaintiff’s permission, thereby allowing many and unspecified persons to download it.
As to this, the Defendants received a disposition of suspending or rejecting the indictment from an investigative agency.
[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings
2. Determination
A. In the case of Defendant H’s liability for damages, he was subject to a disposition by the prosecution that there was no suspicion (A 3-13), but this is merely based on the fact that the above Defendant stated in the investigative agency that “The Defendant only received a novel file in P, and was unaware of whether the said novel file was shared and distributed.”
The Prosecutor also tried to download a complex work and read it individually, and even if he knows that the work may be disseminated by linking the multi-later and the co-owned Pound, he believed that P would not be spread due to the lack of independent connection. In other words, the reason for the determination that “the negligence that did not fully recognize the PP use rather than the intention to infringe the author’s property right is determined” is indicated.
Article 125(4) of the Copyright Act provides that a person who infringes on a registered copyright, exclusive publication right (including cases applied mutatis mutandis pursuant to Articles 88 and 96), publication right, neighboring right, or database producer's right shall be liable for such infringement.