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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that mainly engages in electronic commerce via the Internet, and operated “B (C)”, a web site. The Plaintiff made various cartoon images distributed (OSP services) on the website without obtaining consent from copyright holders.
B. Around early 2012, the Defendant, the Korea Comics Association, and the Korea Creative Producers Association, an incorporated association, filed a criminal complaint against the Plaintiff and the Plaintiff’s representative director D in violation of the Copyright Act. A criminal complaint revocation statement was rejected by a public prosecutor in charge on May 7, 2012, by submitting to the police a letter of withdrawal of complaint to the effect that “when the complainant was present on the ground of agreement despite a request from the police officer in charge for attendance for supplement and statement of the complaint, he/she would be dismissed in the event of the above complaint (Seoul Central District Public Prosecutor’s Office 2012 type 8440).
C. On September 25, 2012, the Plaintiff and the Defendant agreed to the effect that the Plaintiff would pay KRW 30 million to the Plaintiff for the purpose of the smooth settlement of disputes regarding the secondary copyright and distribution damage of Japanese animation in the Defendant’s possession (hereinafter “instant agreement”). In total nine provisions (Evidence A 1), the agreement is accompanied by “a annexed agreement for the prevention of copyright infringement,” “a annexed agreement for the lawful distribution of content,” and “a list of content held by the Defendant.”
After that, on September 25, 2012, the Plaintiff remitted total of KRW 30 million to the Defendant, including KRW 15 million on September 25, 2012 and KRW 15 million on October 25, 2012 (one bank account holder).
E. The Defendant entered into a license agreement with the copyright holder, etc. on the Japanese animation video works, such as the “law game”, “bludle difficulty,” “ Shamank,” “Sluk Kim Jong-il,” and “sluk,” as indicated in the content list attached to the instant agreement.
[Ground of recognition] without any dispute, Gap 1, 2, 3, Eul 1 to 23, .