촬영에대한원본데이타및하드디스크청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On December 23, 2017, the Plaintiff asserted that the Plaintiff requested the Defendant to take photographs of D and E’s marriage.
On December 27, 2017, the Plaintiff received the original files of the above marriage pictures from the Defendant’s business for Cloud Services. On March 8, 2018, the Plaintiff confirmed that only a part of the original files of the marriage-type photographs were possessed and requested again to the Defendant to file the original files. However, at the end of February 2018, the Defendant did not have a format of the original files.
In order to recover data, the Plaintiff requested the Defendant to provide a chip and original file used to take photographs on the day. However, the Defendant refused to deliver the above chip and chip to the Plaintiff. As such, the Plaintiff sought delivery of the above chip and chip to the Defendant.
B. The files taken by the Defendant in the above marriage had been set up by the Defendant through the Cloud Service within a week from the marriage.
The Plaintiff requested the original file after the lapse of two months from this point, but the file was already deleted, and the file was not restored despite the City/Do for recovery, and there is no obligation to deliver the hard disc, etc. owned by the Defendant to the Plaintiff.
2. In light of the Plaintiff’s assertion, it cannot be deemed that the Plaintiff’s right to seek delivery of chips or chip disks owned by the Defendant for the purpose of restoring data to the Plaintiff’s right under the instant contract, even if it is based on the Plaintiff’s assertion. Thus, the Plaintiff’
The Plaintiff stated in the purport of the claim that delivery of the original file is also sought, but the Plaintiff’s restoration of the original file is based on the premise that the said file was deleted, with respect to the original file which was not received by the Plaintiff after recognizing that the Plaintiff received a part of the original file in the cause of the claim and the preparatory document of the instant complaint.