손해배상(기)
1. Of the judgment of the first instance court, the part of the plaintiffs' claims against the defendant is modified as follows.
The defendant shall set forth in attached Form 1.
1. The basic facts;
2. The arguments by the parties and the reasons why this Court in this part are stated are as follows. Thus, this part of the reasoning of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance except for partial revision as follows.
o Article 14 of the first instance court Decision No. 2 of the 14th instance court judgment (as the agent of Plaintiff AR submitted the screen of the personal information leakage inquiry of the said Plaintiff at the time of the trial, it can be recognized that the said Plaintiff received the power of attorney in connection with the instant lawsuit from the said Plaintiff).
3. The reasoning for this court’s explanation is as follows, and this part of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
o Parts 6 to 28, 26, 6, 28, 12 of the first instance court judgment shall be added to the following:
1) The Defendant asserts that the Information and Communications Network Act cannot be applied to the leakage of information around April 2010, since most of the plaintiffs in the instant case were the members who received the off-line card and cannot be a "user" under the Information and Communications Network Act.
The term "information and communications service provider" in Article 2 (1) 3 of the Information and Communications Network Act means a telecommunications business operator defined in subparagraph 8 of Article 2 of the Telecommunications Business Act and a person who provides or arranges the provision of information through telecommunications services provided by a telecommunications business operator for profit, and the term "user" in subparagraph 4 of the same paragraph means a person who uses information and communications services provided by a provider of information and communications services, and the term "personal information" in subparagraph 6 of the same paragraph means information about an individual who is alive and whose name, resident registration number, etc. can identify a specific individual.