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(영문) 서울고등법원 2020.01.15 2016나2055804

손해배상(기)

Text

1. Defendant in the judgment of the court of first instance exceeding the following amount ordered to be paid by the Plaintiffs against the Defendant.

Reasons

1. In the first instance trial, the Plaintiffs filed a claim against the Defendant to pay consolation money of KRW 200,000 each of the Plaintiffs, in collaboration with the co-defendant B of the first instance trial on April 2010 and around December 2013 regarding the divulgence of customer information.

On April 2010, the court of first instance dismissed all the claims against the defendant and B due to the leakage of customer information around April 2010 and around December 2013, and partly accepted the claims against the defendant due to the leakage of customer information around April 2010.

Accordingly, since only the defendant appealed on the part against him, the scope of the judgment of this court is limited to the part against the defendant among the judgment of the first instance between the plaintiffs and the defendant.

2. The reasoning of the court's explanation concerning this case is that the plaintiffs' part of the reasoning of the judgment of the court of first instance is the same as that of the plaintiffs' defendant, except for the following cases. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Of the grounds of the judgment of the court of first instance, the part which was used after dismissal, “attached Form 2 Plaintiffs” shall be read as “Plaintiffs”, “Defendant A” as “Defendant”, and “Defendant B” as “Defendant B” respectively.

In the judgment of the court of first instance, 15 pages 9 to 20 pages below shall be followed by the following two pages:

The Act on Promotion of Information and Communications Network Utilization and Information Protection of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Act”) under Article 32 of the Information and Communications Network Act.

As a law enacted for the protection of personal information in the field of information and communication, the provision of personal information protection is to protect the subject of information as the other party using information and communication services provided by the provider of information and communication services.

Article 28 (1) of the Information and Communications Network Act shall apply to information and communications service providers who handle personal information of users.