beta
(영문) 서울중앙지방법원 2016.07.15 2015가단5175997

불법행위에 기한 손해배상청구 등

Text

1. The defendant shall each be in the attached list No. 1, the attached list No. 2-1, the attached list No. 2-2, the attached list No. 3-1, and the attached list No. 3-2.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence Nos. 10, Gap evidence Nos. 10-1 through 10, Gap evidence Nos. 2-1 through 3, Gap evidence Nos. 3-1 through 3, Gap evidence Nos. 4-1 through 3, and Gap evidence Nos. 5-1 through 5-3.

(1) The Plaintiff is a legal entity that provides online lectures related to the access ability through the Internet's web site (www.etos.com) while operating the Cheongdo Private Teaching Institute. A is a B instructor belonging to the Plaintiff, and C is a DNA instructor belonging to the Plaintiff.

Luxembourg The Defendant is a legal entity that provides online lectures related to entry capacity on the Internet website (www.skyedu.com, hereinafter referred to as the “instant website”) while operating Scar A Research Institute. E is a B instructor belonging to the Defendant, and F is a D instructor belonging to the Defendant.

B. From December 2014, the Defendant posted, respectively, advertisements listed in the [Attachment 1] List (hereinafter “instant No. 1 Advertisement”), advertisements listed in the [Attachment 2-1 [Attachment 2-1], and advertisements listed in the [Attachment 3-1] List (hereinafter “instant 3-1 Advertisement”) on the instant website from around December 2014.

B. On December 11, 2014, the Plaintiff and AC changed the advertisement of this case to an advertisement listed in the [Attachment 2-2] List No. 2-1 advertising (hereinafter “instant preliminary injunction”) and posted it on the Internet homepage of this case, each of the instant advertisements on the following grounds: (a) the Plaintiff and AC changed the advertisement of this case to an advertisement listed in the [Attachment 2-2] List No. 2-1 advertising; and (b) the Defendant posted the advertisement of this case on each of the instant website of this case (hereinafter “instant No. 3-2 advertising”).

(hereinafter referred to as "each advertisement of this case". 2. Summary of the party's assertion

A. The defendant (i) was completed through the first advertisement of this case, and (ii) was the plaintiff.