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(영문) 서울고등법원 2015.01.09 2014나6802
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 (including the paper number) and the whole purport of the pleadings:

[1] The Plaintiffs are entrepreneurs engaged in entertainment activities as groups such as “N”, “AO”, “AP”, “BA”, “AR”, and “A”.

The defendant is a doctor who operates the "C Sung-Seong division" in Gangnam-gu Seoul.

[2] Employees D, who worked in the above C Sung-type department, have made the B B B B’s black picture of “B” online “NER”, “B’s sexual surgery,” and “B”.

(hereinafter referred to as “instant Blog.” The instant Blog categories are as follows: “total Gagggg.”, “Evable Matters”, “C gallon,” “C galthr,” “C galthr photographs after galthr type,” “after-mathr type,” “after-mathr type pictures”, “after-mathr type,” “after-mathr type,” “after-mathr type photographs”, “after-mathr type,” “after-mathr type pictures”, “after-mathr type,” “after-mathr type,” “after-mathr type,” “a photographs after-mathr type,” “Cics after-typer type,” “CS A,” “A,” “Irrithm,” “Arrest class,” “Irrest class,” and “Irrestm,” “in the Republic of Korea”.

[3] Among the instant tables, a notice containing the plaintiffs' names and photographs was posted in the “Style Style Style,” “Domestic Symar,” and “Syman Hot Syman Symar” (attached Form)

2. The plaintiff's assertion

A. The Defendant, while managing and operating the instant tables for the purpose of promoting the hospital operated by his employee, posted a photograph or name containing the Plaintiffs’ portraits on the instant tables without the Plaintiffs’ consent or permission.

The right of publicity refers to advertisements, products, etc. that raise the person itself, such as portraits and names.

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