손해배상(기) 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation on this case is that the Plaintiff’s new argument in the court of first instance brought a damages claim against the Defendant for tort on the premise that the Defendant violated Article 27(2) of the Personal Information Protection Act in the statement of grounds for appeal. However, the Plaintiff’s withdrawal of the aforementioned assertion in the legal brief dated June 4, 2015.
In addition to adding the following judgments, it is identical to the statement of the reasons for the decision of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The plaintiff, who is a provider of information and communications services, asserts that since the defendant, while acquiring the plaintiff's personal information from B, notified the plaintiff of the matters under Article 22 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and did not obtain the plaintiff's consent,
B. 1) Article 22 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) (1) If a provider of information and communications services collects personal information of a user, he/she shall inform the user of all of the following and obtain his/her consent:
The same shall also apply where it is intended to modify any of the following matters:
1. The purpose of collection and use of personal information;
2. Items of collected personal information;
(2) A provider of information and communications services may collect and use personal information of a user without consent under paragraph (1), in any of the following cases:
1. Where it is evident that the ordinary consent is given due to economic or technical reasons, as personal information necessary to implement a contract for the provision of information and communications services;