logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.23 2018가단5038655
손해배상(지)
Text

1. The Defendants’ respective KRW 300,000 per annum from March 30, 2019 to July 16, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, under the name of “P”, written and published the novels in 22 from 197 to 1997, has copyright for the said novels, and on August 8, 2013, registered each copyright with the Korea Copyright Commission with respect to the novels in 10 convenience.

B. After the Plaintiff’s registration of each copyright, the Defendants, without the Plaintiff’s permission, made certain novels among the Plaintiff’s novels, including Q, available to a large number of unspecified persons for downloading or automatically sharing the files using a siren program, Internet website R, S, etc.

C. As a result of criminal complaint against the Defendants, the Defendants were found to have infringed copyright as referred to in each of the above sub-paragraph (b), and accordingly, Defendant B, G, K, and M were dismissed on the ground that they constituted minor Internet copyright violations, and the rest of the Defendants was subject to a disposition of suspension of indictment on condition of each copyright education.

[Ground of recognition] The plaintiff and the defendant B, D, E, F, H, I, J, M, andO: The absence of dispute; each entry of Gap evidence Nos. 1 through 3 (including all of the provisional numbers); the purport of the entire pleadings and the remainder of the defendants: Confession (the main text of Article 257 (1) of the Civil Procedure Act)

2. Occurrence of liability for damages;

A. Based on the facts acknowledged earlier, the Defendants, without the Plaintiff’s consent, committed an unlawful act that infringes on the Plaintiff’s copyright, such as the right of reproduction and public transmission, etc. owned by the Plaintiff, on the grounds that part of the novels registered by the Plaintiff, which were downloaded or automatically shared files by using a siren program, Internet website, etc., and caused many and unspecified persons to download. Therefore, the Defendants are liable to compensate for damages incurred by the Plaintiff.

B. As to the Defendants’ assertion, Defendant T, E, and I’s assertion, Defendant T, E, and I shall specifically state any novels in which the files received downloaded due to the nature of the siren program.

arrow