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(영문) 서울서부지방법원 2016.07.08 2015가단239952

손해배상(기)

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs are customers who view the film shown in the CGV theater run by the Defendant.

B. The CGV theater does not immediately show a motion picture during the running time indicated in the theater electronic displays, website, mobile apps, etc., and begins with the actual screening of the motion picture for up to ten minutes after showing commercial advertisements, etc.

C. This act constitutes a default or tort against the plaintiffs who are customers for the following reasons, and the defendant is liable for damages arising therefrom.

(1) The Defendant liable for nonperformance of the obligation to return unjust enrichment is against the agreement with the Plaintiffs on film screening time indicated in the electronic sign board, website, mobile app, etc. (see, e.g., Supreme Court Decision 5,200 won; 2) The Defendant indicated and advertised the film screening time to the customers differently from the actual screening time caused by the film screening, such as commercial advertisements, etc., inasmuch as it is sufficient to mislead the customers about the film screening time, such advertisement constitutes a false or exaggerated indication as prescribed in Article 3(1)1 of the Act on Fair Labeling and Advertising, since it is sufficient to mislead the customers about the film screening time.

Therefore, the defendant is liable for damages under Article 10 (1) of the Display Act.

② The Defendant did not indicate to its customers that commercial advertisements are displayed for ten minutes after the film screen time indicated in the electronic display board, website, mobile app, etc.

This is a deceptive labeling or advertising under Article 3 (1) (2) of the Display and Advertising Act.

Therefore, the defendant is liable for damages under Article 10 (1) of the Display Act.

2. The running time of film display displayed on the theater electric display, website, mobile app, etc. at the judgment CGV theater theater.