손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The cause of the instant claim is that the Plaintiff, who entered into an exclusive management agreement with Aarox C and D, has their portrait rights, and the Defendant used his portraits without permission during E broadcasting on July 5, 2019. As such, the Defendant sought payment of KRW 50 million as compensation for damages arising from the infringement of portrait rights.
The first right, which is the personality right, C, and D, does not belong to the Plaintiff. According to the written evidence No. 1-1 and No. 2, the Plaintiff’s right under the exclusive entertainment agreement, “the Plaintiff’s right to use the first right of the Adoxe in relation to the entertainment activity of the Adoxe or the Plaintiff’s work” is included in “the Plaintiff’s right to use the second right of the Adoxe in relation to the entertainment activity of the Adoxe or the Plaintiff’s work (Article 9(1) of the Contract).” However, it cannot be deemed as assertion or evidence,
The plaintiff's claim is dismissed on the ground that it is without merit.