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1. The Defendant’s KRW 1,00,000 as well as 5% per annum from November 28, 2013 to April 2, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On January 31, 2012, the Plaintiff created and published the novel “C 8,” “D” and registered as a copyright holder of the said novel.
B. Around August 2012, the Defendant, without the Plaintiff’s consent, made it possible for an unspecified number of users to receive or access the said novels by allowing them to receive or access the said novels from an unspecified number of users.
[Ground of recognition] Unsatisfy, Gap 1, 2, and 3
2. 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 right intentionally or by negligence against the person who has infringed on the right, and the infringer has received any benefit from the act of infringement, the amount of such benefit shall be presumed to be the amount of damage suffered by the owner of author's property right, etc.
(2) Where the holder of author's economic 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 of money equivalent to the ordinary amount by exercising such rights may be claimed as the amount of damages suffered by the holder
(3) Notwithstanding the provisions of paragraph (2), if the amount of loss suffered by the holder of author's property right, etc. exceeds the amount under paragraph (2), the amount in excess may also be claimed as damages
(4) Any person who infringes on registered copyrights, exclusive publication rights (including cases applied mutatis mutandis pursuant to Articles 88 and 96), publication rights, neighboring rights, or rights of database producers shall be presumed to have been negligent in such infringement.
3. Determination as to the cause of action
(a) Grounds for claims;