beta
(영문) 서울중앙지방법원 2019.08.14 2019나5986

손해배상(국)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs concluded a mobile phone use contract with T Co., Ltd., U.S. and V, which are telecommunications business operators, and used mobile phone services.

B. The Plaintiffs filed an application for confirmation of the provision of communications data with each of the above telecommunications business operators and confirmed the provision of communications data, such as the attached Table 1.

【Reasons for Recognition】 Records of Evidence Nos. 3 through 24, and the purport of the whole pleadings

2. The plaintiffs' assertion that the defendant abused their authority to request provision of communication data and infringed the plaintiffs' right to self-determination of personal information by receiving the plaintiffs' communication data, such as attached Table 1, and therefore, the defendant is obligated to pay 500,000 won

3. In order to impose liability for damages on the Defendant, the Defendant’s receipt of communications data, such as attached Table 1, pursuant to Article 83(3) of the Telecommunications Business Act must be recognized as unjust infringement of the Plaintiffs’ interests by abusing his/her authority.

However, the evidence submitted by the plaintiffs alone is insufficient to recognize the abuse of authority and the infringement of unfair interests thereby.

4. In conclusion, the plaintiffs' claims shall be dismissed in its entirety as it is without merit. Since the judgment of the court of first instance is just in its conclusion, the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.