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(영문) 서울중앙지방법원 2013.08.29 2012가단133614
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion and judgment

A. The parties asserted that the Plaintiff is a professor of the Department of Law at B University. The Defendants asserted that, without the Plaintiff’s consent, the Defendants were liable to compensate the Plaintiff for damages incurred by the Plaintiff due to the aforementioned unlawful acts, by collecting personal information, such as the Plaintiff’s date of birth, occupation, position, university of origin, photograph, etc., without permission, and disclosing it on their own website, by providing personal information to others for fee or by being provided personal information in cooperation with others while operating search portal services, thereby ensuring that the Plaintiff’s personal information was severely shared and disseminated.

The defendants asserted that even though the plaintiff's right to claim damages is recognized, since the plaintiff filed the lawsuit of this case three years after the plaintiff became aware of a tort, the plaintiff's right to claim damages has already expired by prescription.

B. Around January 2009, the Plaintiff filed an application for dispute mediation with the Personal Information Dispute Mediation Committee against the remaining Defendants except Defendant LAWnB Co., Ltd and Google Korea Co., Ltd. on May 11, 2009. The Plaintiff sent to the Mediation Committee a written statement of reasons for non-acceptance of mediation to the effect that the Plaintiff did not accept it on June 12, 2009, and reached that time. Defendant LAWnB Co., Ltd, and Google Korea Limited Co., Ltd. took measures to prevent the Plaintiff from being exposed to the Plaintiff’s personal information at the request of the Plaintiff at the end of 2008 or on early 2009, and deleted it. Thus, the Plaintiff was aware that there was a tort before May 11, 2009 at the latest, and the lawsuit of this case was filed on May 29, 2012.

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