1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

1. Facts of recognition;

A. The Plaintiff is an artist who works as a actors, advertising model, etc., and the Defendants are co-operators of the Internet shopping mall (D) that sells the amount of books, such as egbs, in the trade name of “D.”

B. From February 13, 2013 to April 3, 2013, the Plaintiff contributed to the drama of “E” aired by the SBS broadcasting station. From March 25, 2013 to April 10, 2013, the Defendants posted on the shopping mall operated by the Defendants (hereinafter “instant shopping mall”) with the Plaintiff’s consent, and sold a similar design ear by posting a photograph (hereinafter “the instant photograph”).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. As to the part of infringement of portrait rights, any person has a right not to be taken, taken, taken, disclosed, or used for profit with respect to his/her face and other physical characteristics recognizable as a specific person by social norms. Such portrait rights are constitutional rights guaranteed by the first sentence of Article 10 of the Constitution of the Republic of Korea.

Therefore, it is reasonable to see that unfair infringement constitutes a tort, and that it entails mental suffering, unless there are special circumstances, to the person who suffered the infringement.

(See Supreme Court Decision 2010Da39277 Decided January 27, 2012, etc.). However, since a person who selects an artist, etc. comprehensively permitted the disclosure of his/her portrait and name in front of the public due to the nature of his/her occupation, it is reasonable to view that the scope of protection of personal benefits is more limited than that of the general public.

Therefore, in order to claim damages for the reason that an artist, etc. suffered from mental suffering by using his portrait and name without authority, the method, mode, purpose, etc. of the use shall be considered.