logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.02.13 2019가단256369
손해배상(기)
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 12% per annum from June 12, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a broadcasting business entity and the copyright holder of C and D channel broadcasting program, the main purpose of which is to broadcast implementation, etc.

B. Around 2011, the Defendant received a broadcast program sent by a domestic broadcasting business entity, including the Plaintiff, through a satellite broadcast, and planned to run a fee-charging broadcast service for real-time forwarding to the teachers residing overseas via the Internet, which is operated from around 2011 to February 2019, with the name of “F” and paid-charging broadcast service from June 201 to February 201.

From June 2015 to February 2019, the Defendant paid fees to G by entrusting the F agency business in Japan, Australia, Guam, etc., and installed and operated computers, distribution machines, etc. to transmit F's high-quality broadcasting to G offices located in Ansan from August 2018 to February 2019.

The Defendant sent broadcast in the above manner and received 2,000,610,791 won from overseas visitors from September 15, 201 to November 15, 2018, and acquired profits therefrom.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 6, 11 evidence, purport of the whole pleadings

2. First of all, according to the above facts, the defendant has a duty to pay as damages the amount equivalent to the amount which the plaintiff would normally receive by exercising his/her right pursuant to Article 125(2) of the Copyright Act to the plaintiff, barring special circumstances, since he/she infringed the plaintiff's author's property right.

Next, according to the reasoning of the argument in Gap evidence No. 9 as to the scope of damages, the plaintiff broadcasts the "H company" and the plaintiff around August 1, 2015.

arrow