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1. The Defendant’s KRW 300,000 and the following day to the Plaintiff from November 16, 2018 to August 27, 2019.
Reasons
1. Basic facts
A. The Plaintiff, under the name of “C” from 197 to 2016, written and published the novels of 20 parcels from 1997 to 2016, has copyright for the said novels, and registered each copyright with the Korea Copyright Commission as to the novels of 18 August 2013.
B. On November 24, 2014, the Defendant, without the Plaintiff’s permission, shared the files, such as D, E, F, etc. with an unspecified number of people either read or downloaded, etc., the literary works registered by the Plaintiff.
C. As a result of criminal complaint against the defendant, the defendant was notified of a summary order of KRW 300,000.
[Grounds for recognition] Each entry (including all paper numbers) in Gap evidence 1-5, the purport of the whole pleadings
2. The facts acknowledged prior to the occurrence of liability for damages. The defendant, without the plaintiff's consent, has caused tort that infringes on the plaintiff's copyright, such as the right of reproduction, public transmission, etc. owned by the plaintiff, by automatically sharing a part of the novels registered by the plaintiff's copyright through a siren program and allowing many unspecified persons to download. Thus, the defendant is liable to compensate for damages suffered by the plaintiff.
3. Scope of liability for damages;
A. 1) The Plaintiff asserts that at least the Defendant inflicted damages on the Plaintiff at least KRW 1.5 million on the Plaintiff, based on the facts acknowledged earlier, based on the Defendant’s infringement, when considering the Plaintiff’s royalty for the Plaintiff’s novel, the Defendant’s intentional intent of infringement, and the Plaintiff’s revenue that the Plaintiff lost.
Furthermore, I examine the specific amount of damages.
3. First of all, the issue of whether the plaintiff can seek the presumption of damages under Article 125 of the Copyright Act and statutory damages under Article 125-2 is a certain degree of loss of plaintiff's income in health room and record.