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(영문) 수원지방법원안양지원 2014.09.30 2013가단107896
손해배상(지)
Text

1. The Defendant’s KRW 200,000 as well as its annual rate from August 13, 2013 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 June 16, 2013, the Defendant opened a compressive file (hereinafter “instant compressive file”) in which 1200 files contain the text files of Part C 1 and Part C 15 copies (hereinafter “the instant copyrighted work”) connected to the hard disc (htp:/onisk.com), which is an Internet site, and made it possible for an unspecified number of people to download the files at any time when they offer 40 points, including the files containing the text files of Part C 1 and 15 copies of the instant copyrighted work.

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

On August 13, 2013, the Incheon District Prosecutors' Office filed a complaint against the act of resistance, and suspended the indictment against the defendant.

[Ground of recognition] The entry of Gap evidence Nos. 1 and 3, the fact-finding results of this court's non-W&C Co., Ltd., and the purport of the whole pleadings

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 instant work asserted within the scope of liability for damages is a school library.

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