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(영문) 의정부지방법원 2018.07.13 2017나212867
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of electric power generation, retail and wholesale of information machinery and equipment products, and the Defendant is a corporation established for the purpose of electric power generation, retail and wholesale.

B. On June 21, 2017, the Defendant requested the distribution company of advertising sites for Defendant stores to distribute advertising sites, and employees of the distribution company distributed advertising sites in a manner that posts advertising sites at the Plaintiff’s present address loss.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, and the purport of the whole pleadings

2. Determination

A. 1) The Defendant’s employees, who requested the distribution of advertising sites, post the above advertising sites at the present knife of the Plaintiff’s residence without the Plaintiff’s consent, is a tort corresponding to the ordinary crimes punished under Article 3(1)9 of the Punishment of Minor Offenses Act. 2) Even in cases where tort is established, the Defendant, the contractor of the contract for the distribution of advertising sites, is liable to compensate for damages only when the Defendant is found to have gross negligence on the contract or instruction (Article 757 of the Civil Act). The following circumstances acknowledged in full view of the purport of the entire arguments, namely, (i) the types of advertising advertisements distributed by the distributing company to the Plaintiff’s residence, were produced for the purpose of leading the reading center; (ii) the Defendant’s request for the distribution of advertising sites appears to have been able to have known prior to the distribution of the advertising site by the distributing company; and (iii) the Defendant appears to have failed to rectify such unlawful acts.

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