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(영문) 부산지방법원 2014.11.19 2014가단20246

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 18, 1997, the Plaintiff is a person who opened and operated the beauty art room in the name of “D” in the Dong-gu Busan Metropolitan City, the trade name of which was changed from July 201 to “E” and operates the beauty art room up to now.

B. From November 2003, the Defendant, while working in the beauty art room operated by the Plaintiff on September 22, 2012, opened the beauty art room with the trade name “G” from the Busan Young-gu on September 26, 2012, and closed the business at six months only.

다. 피고는 2012. 10. 27. 단골손님 20명에게 ‘자신이 G를 오픈하여 운영한다’는 내용의 문자 메세지를 보내면서 자신이 알고 있는 고객 이름과 전화번호가 정확한지 확인하기 위하여 원고의 미용실에 근무할 당시 알게 된 인터넷 올레 비즈 크로샷 사이트상 원고 명의의 아이디, 비밀번호를 이용하여 위 사이트에 무단으로 접속(이하 ‘이 사건 무단접속행위’라 한다)한 바 있다.

On June 4, 2013, the Defendant was sentenced to a summary order of KRW 500,00 (Seoul District Court 2013Da5216) due to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Protection, etc.) due to the act of unauthorized connection into the information and communications network without access authority, and the said summary order was finalized around

Meanwhile, on May 11, 2013, H, who retired from the Plaintiff’s beauty room, opened the beauty room in the name of “I” in the vicinity of the Plaintiff’s beauty room, and around that time, the Defendant was working in the beauty room.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3, 4, 7, 8, 9 (including paper numbers; hereinafter the same shall apply) and Eul 1; the purport of the whole statement or video, and the pleading

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1 made use of the Plaintiff’s cosmetic customer list known to the Plaintiff’s unauthorized connection, thereby publicizing the opening of the beauty room business to the customers of the Plaintiff cosmetic.