logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2014.09.30 2014가단105101
손해배상(지)
Text

1. The Defendant’s KRW 200,000 as well as its annual rate from February 27, 2014 to September 30, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an author of the novel “C 1(former 15)” and “C 2(former 15)”, and completed each copyright registration on June 29, 201 with respect to Part C 1 as of June 16, 2001; the date of creation; the date of publication as of August 23, 2003; the date of creation as of December 22, 2003; and the date of publication as of March 2, 2006.

B. On January 2014, the Defendant posted the text file of one copy and two copies C (hereinafter “the instant copyrighted work”) on the Internet portal site Rober Blue B.

C. The plaintiff was the defendant at the investigative agency.

On February 27, 2014, the Nanyang District Prosecutors' Office filed a complaint against the act of resistance, and dismissed the disposition on the ground that the defendant was a juvenile under the age of 19 and did not have any record of violation of the Copyright Act and violated copyright for non-profit purposes.

[Reasons for Recognition] Each entry of Gap 1 to 3

2. Determination

A. Article 2 Subparag. 10 of the Copyright Act provides that “Any transmission means providing works, etc. for public use so that the members of the public may have access to the time and place of their own choice from among the public transmission, including transmission made accordingly.” Article 2 Subparag. 22 of the same Act provides that “duplicating works, etc. means fixing or remaking in a tangible object temporarily or permanently by means of printing, photographing, copying, sound or visual recording or other means.”

According to the above facts, the defendant infringed the plaintiff's right of reproduction and transmission, which is the author's property right, by reproducing and transmitting the work of this case created by the plaintiff without the plaintiff's consent.

B. The Plaintiff’s assertion within the scope of liability for damages

arrow