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1. The Plaintiff, Defendant B, Defendant C, and D, each of which was KRW 200,000,000, KRW 300,000,000, and each of them, respectively, shall be from February 1, 2019 to January 21, 2020.
Reasons
1. Basic facts
A. The Plaintiff, under the name of “E”, written and published the novel 20 in 197 to 2016, has copyright for the said novel, and registered each copyright with the Korea Copyright Commission on the novel 18th of the F date.
B. After the Plaintiff’s registration of each copyright, the Defendants automatically shared part of the Plaintiff’s novels via the Internet sites, such as G, H, and I without the Plaintiff’s permission, thereby allowing many and unspecified persons to download the files.
C. As a result of criminal complaint against the Defendants, Defendant B was suspected of having committed an intentional infringement of copyright due to the sharing and downloading of the aforementioned files. Defendant C was sentenced to a summary order of KRW 500,000,000, and Defendant D was sentenced to a fine of KRW 80,000,000.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5 (including all of the branch numbers), the purport of the whole pleadings
2. The facts acknowledged prior to the occurrence of liability for damages. The Defendants, without the Plaintiff’s consent, caused tort that infringes on the Plaintiff’s copyright, such as the right of reproduction, public transmission, etc. owned by the Plaintiff, by allowing a large number of unspecified persons to automatically share a part of the novels registered by the Plaintiff, either intentionally or by negligence, using the Internet website, thereby causing a tort. Therefore, the Defendants are liable to compensate for damages suffered by the Plaintiff.
3. Scope of liability for damages;
A. The Plaintiff asserts that, in light of the Plaintiff’s use fee of the Plaintiff’s novel, the Defendants’ intentional intent of infringement, and the Plaintiff’s revenue, etc. under the criteria for royalty, at least the Defendants suffered damages of KRW 1.5 million, respectively, to the Plaintiff. 2) Based on the facts acknowledged earlier, the Plaintiff may be recognized as having caused property damage to the Plaintiff by the Defendants’ infringement.