1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is an artist who works under the name of "C", and the defendant is "B" and "Internet shopping mall which sells clothes and miscellaneous sports supplies" is "the shopping mall of this case".

(1) have been operated.

B. Around September 201, the Defendant entered the word “CM” into a search box with the word “NV” on the Internet search portal site, the Defendant entered into a key network search service contract with the content that the address of the Defendant’s website may be damaged on the top of the search screen. Accordingly, during the period from September 19, 201 to February 14, 201, the Defendant’s website’s address was set up to be damaged on the search screen.

C. Around 2013, the Defendant opened a list of “B/L” on the shopping mall website of the instant case, and posted three copies of the Plaintiff’s photograph, along with the list “B/L interview” and “airport fashion”.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1 and 2, the fact-finding results of this court's NAVB Co., Ltd., and the purport of the whole pleadings

2. Determination:

A. (1) The plaintiff's assertion on the claim for damages against infringement of the right of publicity (1) without the plaintiff's permission, posted a notice containing the plaintiff's photograph for the purpose of advertising the defendant on the shopping mall website of this case, and (2) used the key search advertising service using the word "C mother" containing the plaintiff's honor and name, which constitutes a tort of the plaintiff's right of publicity, since it is commercially used the plaintiff's portrait and name, which constitutes a tort of the plaintiff's right of publicity. Accordingly, the plaintiff suffered damages equivalent to the price that the plaintiff should pay to the plaintiff when using the plaintiff's name and portrait, and

As such, the defendant is against the plaintiff.