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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff jointly with Nonparty C is the author and the author and the author and the author and the author of the said work, who created the writing and picture of the total of 54 books of cartoon “D” (hereinafter “the instant work”).
B. At around 2012, the Defendant, without obtaining permission to use from the Plaintiff, set up in the Internet file-sharing website “T disc” (welb Address htp:/tisk.co.kr) where each page of the instant copyrighted works was stored, and opened the compressed files (the expansion is GIF or JPG electromagnetic file), which collected the files (the file name “D1.zip” or “D 54.zip” or “D 54.zip”, and thereafter “the instant electromagnetic files”).
[Ground of recognition] Facts without dispute, entries in Gap evidence 2, 3, and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition of infringement of author's property right, the defendant infringed author's property right by the above method. Thus, in case where the plaintiff suffered loss due to the above infringement, the defendant is liable to compensate the plaintiff for the loss.
B. Determination 1 as to the existence or scope of liability for damages) Plaintiff’s sales price of the instant work claimed by the Plaintiff (based on paper liability) is at least 10% of the average of 4,000 won per right per right, and at least 10% of the average of 4,000 won is paid as Plaintiff’s royalty. In the event of selling a quality of the instant work, the profit that the Plaintiff is entitled to obtain is KRW 21,600 (=4,000 x 54 x 10%).
Although the Defendant’s infringement of the author’s property right of this case sold more than 5,00 quality of the instant copyrighted work, the Plaintiff only claimed damages amounting to KRW 6,480,00 for lost profit of 300 among them (=21,600 / 300 x 300).
If such damage is not recognized as above, the amount calculated pursuant to Article 125-2 or 126 of the Copyright Act shall be claimed as compensation for damage.
B) Determination (1) The Copyright Act (hereinafter referred to as the “Act”)
the copyright infringement. ....