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(영문) 서울중앙지방법원 2013.12.20 2013가합7337

손해배상

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiffs are entrepreneurs, and the defendant is a doctor who operates the "C sexually outdoor department" in Gangnam-gu Seoul Metropolitan Government B.

B. D, an employee working in the above Category C, made the B, on the Internet “Neber,” a bulletin containing the plaintiffs’ names and pictures, as shown in the [Attachment 2] list, at the “Style Style Style Syleman”, “Domestic Symar”, and “Syman Synhot”, operating the instant B., while operating the B.m. on the website of the Internet.

[Reasons for Recognition] Unsatisfy, Entry A’s Evidence No. 1 (including a provisional number), Defendant’s personal examination result, purport of the entire pleadings

2. Determination as to the plaintiffs' claims

A. The plaintiff's primary assertion 1) The defendant's employee who is the defendant's primary argument infringed the plaintiff's right of publicity in managing and operating the trip of this case for the purpose of promoting the defendant's C sexual traffic, and the defendant is obligated to pay 5 million won and damages for delay to the plaintiffs since D' employer is liable for the above illegal acts. Thus, D's employee who was the primary defendant's employee is obligated to pay 5 million won and damages for delay as compensation for damages to D's above illegal acts. 2) It infringed the plaintiff's right of portrait and right of name by commercially using the plaintiffs' name and portrait without the plaintiffs' consent. Since D's employer is liable for the above illegal acts, the defendant is obligated to compensate for the above money as compensation for mental suffering suffered by the plaintiffs.

B. 1) The right of publicity is generally the right to commercially use matters pertaining to privacy, such as the name, portrait, etc. of a well-known person who has a false property value, which is based on personal rights and the name, portrait, etc. of the person himself/herself.