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(영문) 서울중앙지방법원 2014.02.05 2013가단39146
손해배상(기)
Text

1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 10, 2013 to February 5, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has obtained human skill by contributing to MBC D', SBS D', E', etc. while working in the name of "C", and the Defendant is a doctor who operates G (hereinafter "G") in Gangnam-gu Seoul Metropolitan Government F in its operation.

B. From August 24, 2012 to November 8, 2012, the Defendant: (a) posted the Plaintiff’s name, photograph, and a photograph before and after the dunes surgery, along with one copy of the Plaintiff’s name; and (b) posted a notice on the meaning of the dunes and operating methods (hereinafter “instant notice”); and (c) posted the name of C, who is working as H model, on the instant bulletin board, in the open Doster and on-site pictures, to the effect that “it is possible to do so in the form of a dunes, in the form of a dunes, which is far different from the existing image.” The Defendant posted the Plaintiff’s name, picture, etc. on the designated type of the instant hospital’s website, which is operated by the Plaintiff’s phone number and the instant dunes, in the area of a dunes operated by the instant hospital.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. First of all, the Defendant’s defense prior to the merits is the defense prior to the merits. Since the instant lawsuit was filed without legitimate delegation from the Plaintiff himself/herself, it is unlawful. Therefore, in full view of the purport of the entry of No. 3 and the entire pleadings, the instant lawsuit is an attorney-at-law, who is the Plaintiff’s attorney upon delegation.

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