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(영문) 서울중앙지방법원 2016.12.23 2016나33485

손해배상

Text

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

The defendant shall pay 17,450,000 won to the plaintiff and its related expenses on August 2015.

Reasons

1. Basic facts

A. While opening and operating a website C that sells ornamental language and its breeding products (hereinafter “Plaintiff website”), the Plaintiff posted a photograph of the Plaintiff’s website and his/her photograph of his/her own photograph of the Plaintiff’s personal body and Korean citizens (hereinafter “Plaintiff’s photograph”).

In particular, the Plaintiff knew that the Plaintiff’s photograph could be used for a fee (or KRW 300,00 or KRW 350,000,000 or KRW 200,000 or KRW 250,000 per year when used on the web according to the degree of the sea) through the Plaintiff’s website website.

B. The Defendant had operated the “E” in Busan City, and opened and operated a camera (F, hereinafter “Defendant Carbook”) and Blobs (hereinafter “Defendant Blobs”) in the Internet portal services to publicize the said restaurant.

However, from June 3, 2009 to June 25, 2009, the Defendant posted 283 copies of the Plaintiff’s photograph among the Plaintiff’s photograph among the Defendant’s Kapet Newcom (“L-R-R-R-R-R-R”). On June 11, 2009, the Defendant posted six copies of the Plaintiff’s photograph.

C. In particular, the Defendant posted the Plaintiff’s photograph on Defendant Ka Paf and Defendant Blob, and added to each of the posts, the phrase “D E.F., Nver = E stores in D - Search, Nver - Search, and Ka P. 5P points at the time of accession to the store.”

The Plaintiff filed a criminal complaint against the Defendant on charges of violating the Copyright Act. From June 3, 2009 to June 25, 2009, a summary order of KRW 2 million was issued on May 5, 2015 on the criminal fact that “from June 3, 2009 to June 25, 2009, the Plaintiff copied the Plaintiff’s photograph to Defendant Kabook, without the Plaintiff’s consent, and thereby infringed the Plaintiff’s copyright,” which read “from June 3, 2009 to June 25, 2009.”

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's 1 through 10 (including virtual numbers), and all pleadings.

참조조문