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(영문) 서울고등법원 2019.01.25 2018나2020789
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Defendants shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be revoked.

Reasons

Basic Facts

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff A”) is a legal entity in Australia that manufactures and sells health functional foods, etc. under the trade name “E,” and Plaintiff B Limited Liability Company (hereinafter “Plaintiff B”) and Plaintiff C Limited Liability Company (hereinafter “Plaintiff C”) are a legal entity in Australia that sells cosmetics, miscellaneouss, etc. including health functional foods, etc. manufactured by Plaintiff A while operating duty-free shops in Australia.

From 2006, F opened and operated the Internet portal site I “YY”, and the above car page published a letter on the response methods such as refund, etc. that Australia tourists suffered from shopping losses in the process of shopping contained in the tourist schedule. Around 2007, Australia shopping business operators, etc. claiming that these comments were damaged, who filed a complaint, withdrawn the complaint, and then withdrawn the complaint again. Around November 20, 2009, F opened and operated the Internet portal site G in the above way.

From August 2015, F did not directly operate F carpets, and F carpets were operated in the way that Kapets members voluntarily write down letters.

On April 8, 2014, the defendant is called the "Internet PP" of J to the above I on April 8, 2014.

Along with the opening and operation of AB, the contents or content of broadcast or report related to BB shopping in Australia, F Kafin shopping and refund cases were processed and posted as it is or in part.

The Defendant posted the above notice on the Internet page of this case more than 50 cases from April 8, 2014 to April 10, 2014, and more than 400 cases from December 2, 2015 to December 10, 2015, and thereafter, continuously posted the above notice from December 31, 2015 to July 2016.

Defendant I. at the same time.

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