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1. The Defendant’s KRW 600,000 as well as the Plaintiff’s annual rate of 5% from April 10, 2014 to January 13, 2015.
Reasons
1. The facts without any dispute over basic facts, and according to Gap evidence Nos. 1 through 3, the plaintiff, on June 29, 201, the creation date for the novel E (hereinafter "the novel of this case") to the Korea Copyright Commission was F, the publication date was G, and the copyright registration was completed. The defendant was placed on the Internet website called the hard disc which combines one or fifteen copies of the novel of this case (hereinafter "the file of the novel of this case"). The plaintiff filed a complaint with the defendant in violation of the Copyright Act with the Seoul Southern District Prosecutors' Office; the support of the Suwon District Prosecutors' Office was operated on the hard disc without the plaintiff's permission, but it was recognized that the defendant issued a disposition against the defendant on April 10, 2014 on the ground that it did not have any previous conviction and did not have any profit-making purpose as high school students.
2. Determination
A. According to the facts of recognition as above, the defendant intentionally or negligently committed a tort that infringes on the plaintiff's property right to the novel of this case.
B. The Plaintiff asserts that the scope of damages in this case is KRW 3,200 per right at the school library, and KRW 1,920, whichever is 60 per right, belongs to the Plaintiff under the name of human being. As such, the Plaintiff asserts that KRW 7,515,800 [28,800 ( KRW 1,920 x 15 x 261)] and KRW 1,00,000 for consolation money and KRW 8,151,800 for the amount of damages.
On the other hand, the Plaintiff’s assertion appears to be premised on the application of the presumption of damages under Article 125(2) of the Copyright Act to the instant case. If the copyright holder entered into a contract to use a work in a form similar to the infringement and received a royalty, barring any special circumstance, the royalty stipulated in the contract to use the work.