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(영문) 서울중앙지방법원 2019.07.24 2018가합552603
손해배상(기) 등
Text

1. The Defendants jointly share KRW 5,000,000 with respect to the Plaintiff and Defendant C Co., Ltd. from August 11, 2018.

Reasons

1. Basic facts

A. The Plaintiff, around December 2008, contributed to the film “E” to the film “E”, and thereafter, is a widely known artist, such as contributing to the advertisement of “F” by a distributor of electronic equipment.

B. Defendant C (hereinafter “Defendant C”) operates an organization of “G” to foster and manage an artist aged 4 to 13 years and 13 years and is the representative director of the Defendant Company. The Defendant C is the Defendant Company’s company.

Defendant D, as an individual entrepreneur from around 2004, was running a children’s entertainment business with the trade name of “H,” while operating “I,” from December 31, 2007, through Defendant Company, Defendant D operated each of the following projects from March 31, 2008 through the J Co., Ltd. (hereinafter “J”). Since the closure of business by J on June 30, 201, the said entertainment business sector was integrated into the Defendant Company.

(hereinafter referred to as “Defendant side” by combining Defendant Company and Defendant D, H, and I.

Since around 2014, the Defendants posted the Plaintiff’s photograph on the H’s official photo, and indicated the phrase “H-E A” on it. Around that time, as shown in attached Table No. 2, the Defendant attached the Plaintiff’s photograph under the Defendant’s headquarters’s wall wall “H” as indicated in attached Table No. 2, and Defendant D, around 2013, issued a book stating the Defendant’s business method on the Defendant’s side, indicated that “K used the Plaintiff’s photograph as indicated in attached Table No. 3, and that “(A) began first in Busan.”

(hereinafter referred to as “instant photograph,” which covers each of the above pictures. 【The ground for recognition】 The fact that there is no dispute, as described in Gap’s evidence Nos. 1, 2, 4, 6, 8, and Eul’s evidence No. 1, and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion is the Defendant.

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