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(영문) 서울남부지방법원 2020.01.08 2019가단257645
손해배상(기)
Text

1. The Defendant shall calculate the amount of KRW 20 million to the Plaintiff at the rate of 12% per annum from June 12, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a broadcasting business entity and the copyright holder of C channel broadcasting program, whose main purpose is to broadcast programs.

B. Around 2011, the Defendant planned to receive broadcasting programs sent by domestic broadcasting business entities, including the Plaintiff, through a satellite broadcasting “D”, and immediately downloaded by computers, and then, planned to carry out illegal pay television programs by the so-called “OT” method, which provides real-time forwarding to the citizens living in China, Indonesia, etc., through the Internet.

From around 2011 to February 2019, the Defendant installed D satellite broadcasting reception antenna, distribution machine, computer, Internet, etc. in China and operated the aforementioned illegal pay television service with the trade name "E".

The defendant provided illegal pay broadcasting services in the same way in Korea from June 2018 to February 2019.

From June 2015 to February 2019, the Defendant paid fees to F by entrusting E businesses, etc. in Japan, Australia, and Guam (U.S.) to F, and installed and operated computers, distribution machines, etc. to transmit E high-quality broadcasting at the F’s office located in Ansan from August 2018 to February 2019.

C. From September 15, 2011 to November 15, 2018, the Defendant sent a broadcast by the said means as above, and acquired criminal proceeds by receiving KRW 2,00,610,791 from overseas Koreans.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-4 and 9, the purport of the whole pleadings

2. According to the above facts of recognition, since the defendant infringed the plaintiff's author's property right, the defendant is obligated to pay as damages the amount equivalent to the amount which the plaintiff would normally receive by exercising his right to the plaintiff pursuant to Article 125 (2) of the Copyright Act.

Gap evidence No. 7 and the purport of the whole pleadings.

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