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(영문) 서울서부지방법원 2019.07.05 2018나41485

게시물삭제로 인한 손해배상

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Internet website E provides online music broadcasting services that enable subscribers to open a broadcasting station on their own and conduct music broadcasting on its own. The Defendant operates its members IDF (Ga), Selection Adi H (I: Separate Name); and Selection D using the above services as members Adi J (K: hereinafter “L”).

B. On June 12, 2015, the Plaintiff posted a notice stating “M” on the instant broadcast station’s application television/selective bulletin board, and thereafter deleted the notice.

C. Since September 22, 2015 and September 23, 2015, the Plaintiff written the title “N” in each item, “O”, and “P,” respectively, and the title, “ Q” on September 28, 2015, respectively, on each of the instant broadcasting station’s application, the title was deleted in its entirety.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 9, 10, 11, and 24, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff written the title “M” on June 12, 2015, the title “N” on September 22, 2015, and September 23, 2015; (b) the title “O” and “P” on September 23, 2015, and the title “ Q” (hereinafter collectively referred to as “the instant bulletin board”) on September 28, 2015, respectively, operated and managed by the Defendant, Appointed C, and D (hereinafter referred to as “designated persons”); (c) the Defendant and the designated persons without the Plaintiff’s consent, and (d) the title constitutes an unlawful act beyond the authority of management and operation rules.

The plaintiff's notices are more products of freedom of expression with a superior position to other rights under the Constitution, and the defendant and the designated parties limit the freedom of expression of the plaintiff through deletion, and the plaintiff's notices are defined in the Copyright Act.