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(영문) 서울북부지방법원 2014.11.28 2013가단50708
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the parties' arguments

A. The key points of the Plaintiffs’ assertion were posted on the Internet camera, etc. operated by the following communications (hereinafter “the following communications”), which is real evidence regarding the criminal acts committed by the employees of the Defendant or light passenger transport service company.

However, the defendant asserted that his portrait right has been infringed and requested to delete a notice in the following communication, and requested to delete the notice as shown in the separate sheet. The defendant's act of allowing the defendant to delete the above notice, which is evidence of the criminal acts committed by employees of the defendant or light passenger transport service company, without notifying the plaintiffs of his damage and requesting them to take appropriate measures, is against the principle of trust and good faith as stipulated in Article 2 of the Civil Act, and thus it violates the abuse of rights, thereby hindering the plaintiffs' act and infringing on the freedom of expression and freedom of learning of the plaintiffs. Thus, the defendant is obligated to pay 20 million won as consolation money to the plaintiffs.

B. The gist of the Defendant’s assertion is that the Defendant infringed the Defendant’s portrait rights by taking the image of the employees of the Defendant and the Defendant, without permission, while making an assembly and demonstration on the part of the Defendant’s employees claiming that D’s unfair dismissal, and by posting the video on the Internet car page operated by the next communication, and thus allowing many and unspecified persons access to it. Accordingly, the Defendant requested the deletion of the above image on the part of the next communication. Therefore, the Plaintiffs’ assertion is without merit.

2. "Information and communications networks" in Article 44-2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. means information and communications networks;

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