1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff contributed to the D’s airspace as an artist who works as an entertainment model and an advertising model to the D’D, which is broadcasted by the SBS broadcasting station, to the D’s airspace. The Defendant is the operator of an online shopping mall who sells liquid book, such as E’s e’s e’s e-mail.

B. Around March 2013, the Defendant posted the remainder of the face other than the Plaintiff’s eye (hereinafter “the instant photograph”) among the photographs that the Plaintiff wears the relevant ear in the shopping mall and sold a similar design ear.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant posted the plaintiff's photograph on the online shopping mall operated by the defendant without the plaintiff's permission and publicizeds the goods sold by the defendant, which constitutes a tort that infringes the plaintiff's right of publicity and

In addition, since the plaintiff's advertising model fee is a fact that does not require proof, the defendant is obligated to pay 5 million won as consolation money for property damage or mental distress equivalent to the amount of compensation to be paid when he/she uses his/her portrait, etc. with his/her consent from the plaintiff.

B. We examine the part of the claim for damages for property damage caused by infringement of the right of publicity, and ① the Seoul Central District Court, which was the first instance court, on October 1, 2013, is difficult to recognize the right of publicity, which is an exclusive property right similar to a real right, solely on the ground that there is a need without any legal basis or established customary law, such as law and treaty, in Korea, in which the right of publicity is in force. Supreme Court Decision 2014Da209364 Decided July 10, 2014 and Seoul High Court Decision 2013Na2827 Decided April 3, 2014, and Seoul Central District Court, the first instance court, on October 1, 201