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(영문) 대전지방법원 2019.08.14 2018나11747
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is the same as the reasoning of the judgment of the first instance, except for addition or dismissal as set forth in the following paragraph (2). Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

2. A part concerning addition or height;

A. The following shall be added to the third-party written judgment of the first instance.

The Defendant asserted that the extinctive prescription of the above damage claim against A had expired, but the Defendant’s assertion is groundless since the fact that the Plaintiff filed the instant lawsuit on June 18, 2016, which was before the lapse of three years from June 18, 2013, the period of the short-term extinctive prescription of the claim for damages caused by tort, is apparent in the record, since the Defendant’s assertion is without merit.

B. Article 3-2(2) of the judgment of the court of first instance is reversed as follows.

(1) Article 59 Subparag. 2 of the Personal Information Protection Act provides that a person who manages or has processed personal information shall not divulge or provide it to another person without authority, which he/she has become aware of in the course of performing his/her duties. Article 59 Subparag. 2 of the said Act provides that “personal information manager” (a person who manages or has processed personal information) is not limited to “personal information manager” under Article 2 Subparag. 5; that is, a public institution, corporation, organization, or individual that processes personal information directly or through another person; and that “personal information” under Article 2 Subparag. 1 of the said Act that he/she has become aware of in the course of performing his/her duties includes “management” or “management” under Article 2 Subparag. 2 of the said Act (see Supreme Court Decision 2015Do8766, Mar. 10, 2016). Meanwhile, “personal information” under Article 2 Subparag. 1 of the said Act includes information with respect to a living person, such as name, resident registration number, image, etc.

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