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(영문) 대법원 2019.10.18 2018다256061
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. On the ground of appeal No. 1, the lower court determined that the Defendant is liable to compensate the Plaintiffs for damages on the premise that the Plaintiffs are users of information and communications services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

In light of the relevant legal principles and records, although part of the reasoning of the judgment below is partially inappropriate, the defendant is liable to compensate for damages due to tort under the Civil Act since he/she was found to have failed to perform his/her duty of care to prevent the leakage of personal information in the process of requesting the management of personal information of the card accident analysis system to provide services to the company C and providing the development personnel of the above company with personal information, and thus, the defendant is liable to compensate for damages. In so doing, the judgment of the court below which recognized the defendant's liability for damages is just in its conclusion, and it did not err by misapprehending the legal principles

2. As to the ground of appeal No. 2, the lower court determined that the Plaintiffs suffered emotional distress due to the divulgence of personal information, on the grounds as stated in its reasoning, and determined consolation money as KRW 70,000 for the Defendant to compensate the Plaintiffs.

In light of the relevant legal principles and records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the occurrence of mental damage caused by the divulgence of personal information and the burden of proof and degree thereof, etc.,

3. Therefore, all appeals are to be filed.

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