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(영문) 서울북부지방법원 2019.12.11 2018나33525

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked and all the plaintiffs' claims corresponding to that part are filed.

Reasons

1. Basic facts

A. A. Around 2013. Around 2013, Plaintiff B and Plaintiff B, an agent driving engineer, entered into a contract to provide the Plaintiffs with a program “D” (hereinafter “D”) that provides the Defendant with a exhauster service with a monthly fee of KRW 15,000 (hereinafter “D use contract”). On the registration screen of D’s account (in order to use D, it is essential to register the account of the proxy driving engineer), the items of the proxy driver’s consent are as follows: ① the collection and use of location information; ② the collection of process information in operation; ③ the collection of information from departure, destination, distance, agency driving amount, etc., which is not provided with D in the automatic stage; and ③ the content of the pertinent program is stated as “D’s voluntary deletion of the function of the program without permission to use the article only within the scope.”

B. Around 2017, Plaintiff B, who installed and used Plaintiff B and C’s “E” program, provided the Plaintiff’s “E” program with KRW 30,00 per month usage fees, and installed it in a smartphone where D is installed, and used it at the time of receiving D’s substitute driving allocation. Plaintiff C received the aforementioned “E” program from Plaintiff A and installed it in a smartphone where D is installed. On April 2017, the Plaintiff C used it.

C. On May 9, 2017, the Defendant deleted the Plaintiff’s account on the ground that Plaintiff B installed and used “Automatic E” on the smartphone installed and used by Plaintiff B, and on April 19, 2017, Plaintiff C’s smartphones installed and used “A”.