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(영문) 서울중앙지방법원 2014.02.07 2012가단5157226

손해배상(기)

Text

1. The Defendants: (a) Defendant D, and I on March 2013, 200 won for each of the 250,000 won to Plaintiff A and each of the said money to Plaintiff B and each of the said money to Plaintiff B.

Reasons

1. Basic facts

A. At around August 2008, the Plaintiffs: (a) moved the video files of video recording the face value of their sexual act into video images (hereinafter “instant video files”) to “N disc,” a provider of Internet web network services; and (b) kept the passwords.

B. However, between January 201 and March 201 of the same year, the Defendants distributed the video files of this case through the Internet file sharing site, etc. as indicated in the column of “illegal act” as indicated in the crime list of the separate facts constituting the crime. Accordingly, the Defendants were sentenced to a summary order or judgment as indicated in the separate crime list of crimes constituting a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (obscenity).

[Ground of recognition] Defendant D, G, H, and I: The absence of dispute, Gap evidence Nos. 2, 6, 7, 9, 15, 16, and Eul evidence No. 16, and the purport of the whole pleadings and the purport of the whole pleadings: Defendant F and J by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. According to the facts of recognition as above, the defendants committed a tort such as distributing the video files of this case in which the faces of the plaintiffs were revealed through the Internet file sharing website, etc., thereby infringing the plaintiffs' privacy, personality rights, portrait rights, etc., and it is reasonable to deem that the plaintiffs suffered considerable mental damage. Accordingly, the defendants are obliged to compensate the plaintiffs for the damages suffered by them.

B. The scope of liability for damages: The plaintiffs' age, gender, occupation, the process of distributing the video files of this case, the plaintiffs' own pictures with sexual intercourse, and the degree of responsibility of the plaintiffs who failed to pay due attention to managing and keeping them, and the defendants' liability.