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(영문) 서울중앙지방법원 2016.11.11 2016나50770

손해배상(지)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,500,000 and KRW 800,00 among them.

Reasons

1. Basic facts

A. On April 17, 2015, the Plaintiff posted the list of “D” (hereinafter “D”). The instant copyrighted work takes the form in which the Plaintiff’s explanation of the relevant finger phase and specific finger method is added at each of the 23 photographs and the bottom of each of the pictures, which the Plaintiff personally taken the process of taking the head by himself/herself. B. On November 4, 2015, the Defendant posted the instant copyrighted work to E.

Before the Defendant affixing the F source-G. Certification photograph, the Defendant entered the phrase “H” on the upper part of the above Facebook, and additionally left the website link (I) of his beauty business (H).

C. On November 16, 2015, the Defendant sent to the Plaintiff on November 16, 2015, “I wish to introduce GN’s Hague content in the Low Pest Patsbook. It is not commercial purpose, but I wish to assist GN in its diffusion. I wish to do business if I would like to create any different opinion.”

However, upon the plaintiff's objection, the defendant deleted the work of this case from the Facebook on November 18, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 2-5 evidence Nos. 9 (including a paper number), the purport of the whole pleadings

2. The parties' assertion;

A. The Defendant asserted that the instant work was infringed upon the Plaintiff’s right of reproduction and transmission by placing it on the Internet without the Plaintiff’s permission, the holder of author’s property right of the instant work, the copyrighted work, on the Internet website, and transmitting it to many and unspecified persons. In addition, the Defendant infringed the Plaintiff’s right of portrait by posting the photograph from the Plaintiff’

Therefore, the defendant shall compensate the plaintiff for the property damage 5 million won and mental damage 5 million won suffered by the plaintiff due to the above tort.