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(영문) 서울중앙지방법원 2018.11.29 2018가단5017788
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts do not conflict between the Parties:

The "E" in Seocho-gu Seoul Metropolitan Government C building and D means a person who engages in the business of selling dog dogs and dog dogs with each other, and the defendant was a person who served as an employee of the plaintiff from November 9, 2015 to November 3, 2017.

B. G G made by the Defendant’s former “F” is a social media platform through which the Defendant can share photographs and videos while working as the Plaintiff’s employee.

(See No. 5-1) The Account (hereinafter referred to as "the Account") is called the Account.

In this regard, the plaintiff posted information such as photographs of dogs sold in lots and engaged in online marketing activities.

C. The defendant is running an independent sales business using the account of this case after the opening of E.

2. The Plaintiff’s assertion was made by the Defendant, but the virtual space was owned by the Plaintiff on the grounds that it is considerable in terms of the nature of the Plaintiff’s business entity and the relationship between E and the business entity operated by the Plaintiff, and the Defendant gains profit by intentionally using the instant account and intentionally making use of the same type of business as the Plaintiff and incurred loss to the Plaintiff. As such, the Defendant is liable to pay to the Plaintiff the amount of KRW 147,750,000 as compensation for unjust enrichment return or damage caused by unfair competition.

3. Determination

A. First, we examine who owns the Account of this case.

1 G’s account is an individual’s virtual space created by an employer on the Internet, and even if at the time of establishment or thereafter the user used the name or trade name of the company to which he/she belongs in his/her address and used it for a productive purpose, such as business and various sharing of information, the company-related affairs or publicity content, etc. are posted, barring special circumstances, this is a different virtual space created by utilizing the advantages of social network services.

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