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(영문) 서울고등법원 2015.10.08 2014나18904

손해배상(기)

Text

1. The plaintiff's appeal and the changed plaintiff's claim that are exchanged in the court room are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiff’s status 1) The Plaintiff developed an online camping game, which uses the portrait and real name of Korean professional camping players, and H (hereinafter “H”) which is a game service company.

(2) Defendant B, C, D, and E are both companies engaged in online game advertising agency business, and Defendant F is an individual who runs an advertising agency business with the trade name of “I”.

B. 1) Group N (hereinafter “N”) grouped of professional camping-gu active athletes is a contract on the use of the portrait rights of players

on August 7, 2006, Q Co., Ltd. (hereinafter referred to as “ Q”) under the Camp-gu Committee of the Republic of Korea.

B) From December 31, 2010, Q entered into a contract with Q to enter into an online content provider, etc. on behalf of the players, etc. on the right to use their portrait rights, and N to receive 30% of the profits, such as portrait rights, paid from Q to the online content provider, etc. (ii) H paid a certain amount of fee through a contract with Q each year, and granted N’s right to use their portrait rights, and used N’s portraits, name, body body, etc. in the G game.

3) However, Q entered into a contract with the S company, which operated the camping game called “R” around May 2009, to grant N players the exclusive right to use N’s portrait rights. Accordingly, from January 1, 2010, the Plaintiff and H came to place in a situation where players’ portraits’ portraits name and name cannot be used any longer in G games. 4) Accordingly, the Plaintiff’s representative director did not enter into a contract with Q and S company for use of portraits, and the Plaintiff was offered a proposal to use the portrait rights by Q and S company, and the Plaintiff was granted from S company the right to use the portrait rights.