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1. The Defendant’s KRW 500,000 and the Plaintiff’s annual interest thereon from May 21, 2014 to April 29, 2015.
Reasons
1. Basic facts
A. The Plaintiff is the author of the “C 1(former 15)” and the “C 2(former 15) novel” (hereinafter “instant novel”) and completed each copyright registration on June 29, 201 with respect to C1, the date of creation, June 16, 2001; the date of publication, August 23, 2003; and the date of publication, December 22, 2003; and the date of publication, March 2, 2006, respectively.
B. On March 13, 2014, the Defendant used D’s P2P service to store compressed files containing the novel of this case on its own computer hard disc so that many unspecified persons may download them.
C. The plaintiff is the defendant's above.
The Seoul Southern District Prosecutors' Office E filed a complaint against the act of resistance, but the case on May 21, 2014 is relatively minor, and the mistake is deeply divided, etc., the suspension of indictment on the condition of copyright education was suspended.
[Ground of recognition] Unsatisfy, Gap 1 to 3 statements
2. Determination:
A. According to the above facts, since the defendant committed a tort infringing the plaintiff's copyright, it is liable to compensate for the damages suffered by the plaintiff due to the above infringement.
B. The fact that the Plaintiff suffered damage through the Defendant’s infringement is recognized, but even if all the evidence submitted by the Plaintiff was comprehensively established, the specific proof of the actual amount of damage having proximate causal relation with the infringement is insufficient. Thus, this court’s determination of reasonable amount of damage by taking into account the purport of the entire pleadings and the result of examination of evidence pursuant to
C. Accordingly, in full view of the following circumstances, it is reasonable to set the amount of damages at KRW 500,000, taking account of the easiness of the storage and circulation of the novel reproduction of this case, the frequency of tort, the age of the defendant, the number of downloads of the third party regarding the files that the defendant operated, and all the circumstances revealed in the proceedings of the pleading of this case.
Therefore, the defendant.