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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff contributed to the D’s airspace as an artist who works as an entertainment model and an advertising model to the D’D, which is broadcasted by the SBS broadcasting station, to the D’s airspace. The Defendant is the operator of an online shopping mall who sells liquid book, such as E’s e’s e’s e-mail.
B. Around March 2013, the Defendant posted a photo that files the face of the said drama (hereinafter “the instant photo”) on which the Plaintiff wears the relevant ear in the shopping mall and sold a similar design ear by using the name “F ear”.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings
2. The defendant's defense of this case is not clear as to whether the plaintiff's attorney has been delegated his/her right of representation to the plaintiff himself/herself, since the defendant, other than the plaintiff's attorney of this case, obtained the certification of contents concerning the infringement of the plaintiff's right of publicity from multilateral law firm. Thus, the lawsuit of this case is unlawful as it was filed by
On the other hand, the existence of the representative authority of the legal representative shall be subject to ex officio investigation by the court. Thus, in case where the other party contests the representative authority of the legal representative, whether or not the plaintiff delegates the true representative authority shall be examined (see, e.g., Supreme Court Decision 96Da39301, Jul. 25, 1997). In full view of the purport of the whole argument of the plaintiff's certificate of personal seal impression attached to the petition of appeal of this case, the plaintiff shall be deemed to have delegated the litigation
Therefore, the defendant's defense is without merit.
3. The assertion and judgment on the merits
A. The defendant asserted that the defendant posted the plaintiff's photograph and name on the online shopping mall operated by the defendant without the plaintiff's permission.