beta
Text
1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from September 8, 2018 to January 25, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of online game development business, etc., and around 2001, developed “C”, a work of online game style (hereinafter “instant game”) and operates the instant game for pay.
B. From November 17, 2017, the Defendant opened and operated a game site called “D” (hereinafter “instant game site”) and allowed many and unspecified persons having access to the instant game site to use the instant game, and acquired profits by means of selling game items, etc.
C. The defendant Na
On February 21, 2018, the facts constituting the crime as stated in the same paragraph, which was issued a summary order of KRW 3,000,000 on the charge of violating the Game Industry Promotion Act from the Gangseo branch court of the Chuncheon District Court (2018 High Court Decision 286), and the above summary order was finalized around that time.
The relevant provisions of the Copyright Act are as follows:
Article 125 (Claim for Damages) (1) In cases where a person who holds author's property right or other rights (excluding author's property right and performer's moral right) protected under this Act (hereinafter referred to as "owner of author's property right, etc.") claims compensation from a person who has infringed on his/her rights intentionally or by negligence for damages caused to him/her by the act of infringement, the amount of such profits shall be presumed to be the amount of damages suffered by the owner of author
(2) Where the holder of author's property right, etc. claims compensation from a person who has infringed his/her rights intentionally or by negligence from the person who has infringed his/her rights, the amount equivalent to the amount ordinarily received by exercising such rights may be claimed as the amount of damages suffered by the holder of
Article 125-2 (Claim for Statutory Damages) (1) The holder of author's property right, etc. shall be against the person who has infringed on rights intentionally or negligently.