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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company that has entered into an exclusive publication right contract with Japanese companies regarding the instant video works. The Plaintiff’s “htp:/ftilon.com” website (hereinafter “instant web site”) operated by the Plaintiff refers to an Internet file management system service that enables the Plaintiff to download files through the Internet at any place where a service provider can secure the database, which is a storage space of a computer file, and allow users to run the file at a certain place where Internet access can be available. Furthermore, the Plaintiff is a company that provided the Internet file management system service that enables other users to download the files.
B. The Defendant, etc. filed an application against the Plaintiff for a provisional disposition prohibiting reproduction, etc. of video works with Seoul Southern District Court 2015Kahap30, and the above court dismissed all the above applications on October 22, 2015. However, the appellate court, which appealed against the Defendant, acknowledged the copyrighted work of the instant video works on December 5, 2017. The Plaintiff accepted part of the Defendant’s application on the ground that the website users of the instant web site as the type of the instant video works and stored them in the storage space or downloaded them and aided and abetted the infringement of copyright, such as the act of storing them in the hard disc, etc. on their own computers, etc.
(Seoul High Court 2015Ra1508). [Reasons for Recognition] / [Ground for Recognition] 1, Gap evidence 1, Eul evidence 1, Eul 8, 9, 10, 11, each statement and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The defendant's pursuing through the lawsuit of this case is an illegal crime that is obtained by continuously distributing obscenity prohibited from circulation, and thus, there is no legitimate right or legal status to be protected, and the claim for damages.