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(영문) 서울중앙지방법원 2016.05.27 2016나11447
손해배상(지)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On November 10, 2014, the Defendant opened a compressed file containing the image file(spam) of the cartoons created by the Plaintiff, which is an Internet file sharing site (www.fleleleuricom). On November 10, 2014, the Defendant allowed many and unspecified persons to download the said file at any time by advertising the compressed files containing “11 books,” which are the copyrighted works created by the Plaintiff.

B. The Defendant on March 10, 2015

In violation of the Copyright Act due to the act described in the paragraph, it was ordered to suspend indictment on condition of copyright education under the National Assembly of Suwon District Prosecutors' Office 2015-type 8247.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. In light of the facts acknowledged as above, the Defendant infringed on the copyright of the cartoon work of this case by allowing a large number of unspecified persons to download the compressed files of this case without the Plaintiff’s permission or consent, which is the creator of the work, and thus, the Defendant is liable to compensate the Plaintiff for damages incurred therefrom.

3. Scope of liability for damages

A. The plaintiff's assertion is paid at least 5,000 won per cartoon book sales volume at the rate of 10%. In light of the fact that the sales volume of the defendant's infringement was lowered by at least 5,000 won per cartoon book sales volume, and pursuant to Article 125-2 of the Copyright Act, 50 million won per copyrighted work may claim damages not exceeding 50,000 won per copyrighted work (=50 million won x 11 right) as statutory damages pursuant to Article 126 of the Copyright Act, the plaintiff's assertion is entitled to claim damages not exceeding 8,250,000 won (=5,000 won x 10% x 10% x 10% x 1500) as property damages.

B. On the other hand, the determination of damages pursuant to Article 126 of the Copyright Act is based on the result of the examination of evidence and the purport of the entire pleadings where it is difficult to prove the specific amount of damages, even though the existence of damages is recognized.

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