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(영문) 서울중앙지방법원 2016.11.17 2016가단5046362
손해배상(기)
Text

1. The Defendant’s KRW 18,00,000 to the Plaintiffs, as well as 5% per annum from July 7, 2015 to November 17, 2016, respectively.

Reasons

1. Facts of recognition;

A. The plaintiffs are the number of six mal group I belonging to the entertainment planning company's "H". The defendant is a company engaging in clothing wholesale business, miscellaneous wholesale business, etc., and the defendant has the brand "J".

B. On April 2015, the Plaintiffs, at L Co., Ltd. issuing magazines hereinafter referred to as the “K”), sent a picture picture to the Plaintiff, and the Defendant et al., expressed their intent at the request of L Co., Ltd.

C. The plaintiffs' pictures taken from the brand clothing of J (“J”) were published in the “K” magazine without the consent of the plaintiffs or their employees, and the defendant, from April 2015 to July 2015, placed some of them on the Defendant’s Internet homepage, such as MIN BNER, etc., and used them for the Defendant’s brand clothing advertising.

On July 6, 2015, the defendant received a claim from H and suspended publishing around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 8, Gap evidence 23, Eul evidence 2 (including branch numbers) and the purport of the whole pleadings

2. As the grounds for the determination of the grounds for the same claim, the Plaintiffs asserted the claim for damages on property due to infringement of portrait rights, the claim for damages due to infringement of the right of publicity, and the claim for restitution of unjust enrichment as the selective claim. However, as long as citing the claim for consolation money due to infringement of portrait rights, they need not be separately determined.

Any person has a right not to have his/her face and other physical characteristics recognizable as a specific person by social norms taken, taken or released without permission, or used for profit. Such portrait rights are constitutional rights guaranteed by the first sentence of Article 10 of the Constitution of the Republic of Korea.

Therefore, unfair infringement is the same.

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