손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is an incorporated association composed of the retired professional camping players, and the Plaintiff was delegated with all of his/her rights of name, portrait, right of publicity, etc. (hereinafter collectively referred to as “right of name”) from 704 outing players who belong to the Plaintiff (hereinafter “instant retired players”).
The Defendant, without permission, produced the Internet camping Game (hereinafter “instant game”) called “slurging” using the name of the retired players, and distributed the instant game via the Defendant’s auxiliary participant.
From 2010 to 2014, the Defendant earned a maximum of 12.7 billion won from 9.9 billion won to 12.7 billion won through the game of this case. Accordingly, the Defendant’s assessed the amount of value to KRW 72,328,571,00.
The amount of money contributed to the increase in the value of the retired players’ name to the use of the instant right to name is KRW 3,219,124,725, which is equivalent to 5% of the Defendant’s operating income from January 2007 to June 30, 2013.
Therefore, by using the right to name of the retired players of this case without any legal cause, the Defendant gains 3,219,124,725 won without any legal cause, and thereby, incurred damages equivalent to the same amount to the retired players of this case. Thus, the Defendant is obligated to return the said unjust enrichment to the Plaintiff.
2. The judgment of this Court
A. The fact that the Defendant used the name of the retired players of this case without permission in the production of the game of this case is not a dispute between the parties.
B. However, the right to name of the retired players of this case is basic data necessary for the production of the game of this case. The cost of use is reflected in the fee for the use of the game of this case. The added value through the production and distribution of the game of this case is generated only when the game of this case is developed by combining the defendant's capital, human resources, ideas, etc., and the increase in operating profits reflects the added value created as above.