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(영문) 의정부지방법원 2019.05.23 2018나215771
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 2015, from around October 2016 to around October 2016, the Plaintiff was sentenced to the judgment that the Plaintiff paid KRW 7 million to the Defendant as consolation money for mental suffering on February 12, 2019, and the said judgment became final and conclusive around that time.

(2017Na21294). (b)

The defendant taken the screen of video files stored in a computer mainly used by the plaintiff as a mobile phone and submitted it to the above lawsuit for damages.

C. The Plaintiff filed a complaint against the Defendant as a violation of the Personal Information Protection Act on the ground that the Defendant taken the screen as above, but was dismissed from the office of Goyang-gu District Prosecutors' Office.

[Ground of recognition] Facts without dispute, Eul evidence 20-1, Eul evidence 33, Eul evidence 5, 8, 10-10 video, the purport of the whole pleadings

2. The Plaintiff’s assertion infringed upon the Plaintiff’s privacy and the honor by photographing the screen of video files stored in the Plaintiff’s computer in the workplace and collecting and distributing CCTV screen without permission. As such, the Defendant sought compensation for damages therefrom.

3. Determination

A. 1) With respect to the screen image file properties on a computer, the fact that the Defendant taken the screen, etc. stored in the Plaintiff’s computer on a cell phone and submitted it to the court as evidence of the above lawsuit is no dispute between the parties. 2) The Defendant infringed upon the Plaintiff’s privacy due to the above act, barring any special circumstance, thereby compensating the Plaintiff for the Plaintiff’s emotional distress.

3 이에 대하여 피고는, 원고 및 피고가 사용하던 컴퓨터의 경우 회사로부터 지급된 업무용 비품으로 원고가 바쁠 경우 피고가 원고의...

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