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(영문) 서울중앙지방법원 2016.04.15 2016나11232
손해배상(지)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall pay to each Plaintiff KRW 600,000 and the Defendants shall pay to each Plaintiff the amount of KRW 600,000.

Reasons

1. Basic facts

A. The Plaintiff is a novel that mainly writes the classical novel, and completed the registration of copyright as to “B(1)(23) created and published from November 2009 to August 201, 201” (hereinafter “the instant copyrighted work”).

B. Defendant B was investigated on July 3, 2012 on the suspicion that “Influent F’s trade name in Seongbuk-gu, Daegu, 2012, the instant copyrighted work infringed the Plaintiff’s copyright by putting it up on the NAV B B (AG).” However, Defendant B was indicted on July 3, 2012 on the ground that “Influently, the instant copyrighted work was suspected of committing a crime, such as a confession, but constitutes a non-profit purpose and non-Habitual infringement of copyright as a person under the age of 19 years of age who has no same power.”

C. Around October 26, 2011, Defendant C connected the instant copyrighted work to NAV (H) in his/her own residence and infringed the Plaintiff’s copyright by downloading the instant copyrighted work.

The investigation was conducted on the suspicion that “the suspected fact is recognized, but there was no previous conviction, and there was no depth, and there was an attempt to faithfully engage in copyright education.

For the reason that "the indictment was suspended on June 29, 2012."

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading

2. The plaintiff's assertion

A. The Defendants infringed author’s property rights, such as the Plaintiff’s right of reproduction and transmission, of the instant copyrighted work, by placing the instant copyrighted work on the Internet website in a state where many and unspecified persons can download by putting it on the Internet website without the Plaintiff’s permission.

Therefore, the defendants are obliged to compensate the plaintiff for property mental damage caused by copyright infringement.

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