A. The Plaintiffs are actors engaged in their activities as actors, fruit trees, etc.

(Plaintiff A is known in the name of “G” and Plaintiff B as “H.” The Defendant is a doctor who operates sexually off-the-counter and hospital in Gangnam-gu Seoul Metropolitan Government I with the trade name of “J”.

The Intervenor joining the Defendant is a person who is requested by the Defendant to act on behalf of the J Hospital.

B. The Intervenor joining the Defendant made a public relations channel that is linked to the J’s Internet homepage and posted a letter to guide the location and contact point of the hospital, the type, effect, method, etc. of the sexual procedure and to recommend the applicant to undergo the J to undergo the procedure. During the posting, the Defendant added a photograph to the Plaintiffs’ name and appearance-related contents.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including each number), and the purport of whole pleading

2. Assertion and determination

A. The plaintiffs asserted that the defendant, without permission, violated the plaintiffs' names and portraits or portraits rights by using the plaintiffs' names and portraits on Blorogs without permission. Thus, they asserted that the plaintiffs are responsible for compensating for property and mental damages suffered by them.

On the other hand, the defendant asserts that the name and portrait of the plaintiffs posted on Blolog had already been disclosed through the mass media, and there was no commercial purpose in the notice, and therefore the honor of the plaintiffs was not damaged, so the right of publicity or portrait was not infringed.

B. The name and portrait of the person to be determined are marks distinguishing a specific individual from another person as a symbol of personality, so the right to name and portrait rights are included in the right to pursue happiness and the right to personality under the Constitution, and the right to commercially use and control the economic value of name and portraits, i.e., the right not to be used for profit by another person.