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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. In the first instance court, the Plaintiff sought compensation for property damage and consolation money due to a tort against the Defendant. The first instance court partially accepted the claim for consolation money, and dismissed the claim for compensation for property damage and the remaining claim for consolation money.
As the plaintiff appealed, the subject of the judgment of this court is limited to the part of the claim for consolation money and the part of the claim for compensation for property.
2. The facts subsequent to the facts of recognition may be acknowledged by adding together the whole purport of the pleadings to the entries and videos of Gap evidence Nos. 1, 2, 8, and 10, Gap evidence Nos. 3, 4, and 9.
The Plaintiff created scenarios from Part 1 to Part 5 of the cartoon “C” (hereinafter “C”) and participated in joint creation with D, and both Parts 6 and 7 were in charge of creation of scenarios and writing (E).
On August 8, 2005, the Plaintiff agreed to distribute all parts of the cartoon Nos. 1 through 5 to 5 of the cartoon Nos. 1 through 5 of the instant case to 50:50 on both sides of the Plaintiff’s interest accurately.
B. However, on October 14, 2014, the Defendant connected the Internet file sharing site to the clinic of “F” (www.ystile.com) and opened the files from the first to seventh copies of the cartoons of this case so that members of the said site can download the cartoons of this case.
(hereinafter “instant infringement.” The Plaintiff filed a complaint against the Defendant regarding the instant infringement against the Copyright Act. On January 21, 2015, the Defendant received a conditional suspension of indictment from a prosecutor on the completion of copyright commission’s copyright education.
3. The assertion and judgment
A. According to the facts of recognition as above, the defendant distributed the cartoons of this case without the consent of the plaintiff or D to the cartoons of this case.