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(영문) 서울북부지방법원 2015.10.16 2014나7856
손해배상(기)
Text

1. The plaintiffs' appeals and the claims added to the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Determination as to the cause of claim

A. The gist of the plaintiffs' assertion was that the video files, etc., which are evidence of the employees' criminal acts, were posted on the Internet car page operated by the Kakao Co., Ltd. (the trade name before the change: 200, 2000, 2000, 2000, 2000). Accordingly, the defendant asserted that his portrait right was infringed and requested to delete the notices from the non-party company and made the notification deleted.

As can be seen, the Defendant’s act of demanding the deletion of a notice to the non-party company without giving prior notice to the Plaintiffs by demanding the deletion of a notice to the non-party company is contrary to the principle of trust and good faith under Article 2 of the Civil Act, and thus constitutes abuse of rights, thereby hindering the Plaintiffs’ act of intending to know about criminal acts by many people, and infringing the Plaintiffs’ freedom of expression and academic freedom, and thus infringing on the Plaintiffs’ copyright. Therefore, the Defendant is obliged to pay 2 million won as compensation for mental damages and 18 million won as compensation for damages to the works.

B. The plaintiffs asserted that the dismissal of D, who was dismissed by the light passenger, is improper, and the files were taken in the process of an assembly or demonstration, and posted the files on the Internet camera bulletin board of the non-party company. The defendant, on behalf of his employees and other employees, requested the non-party company to delete on behalf of the non-party company that part of the notices infringed on the portrait rights. Accordingly, the non-party company compared the images emitted from the images of the defendant, etc.

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