1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal and the incidental costs of appeal shall be individually considered.

1. Facts of recognition;

A. The Plaintiff is an artist who works as a actors, advertising model, etc., and the Defendant is the operator of an Internet shopping mall (D) that sells liquid books, such as egbbs, etc., under the trade name of “C.”

B. The Plaintiff contributed to the drama of “G”, which was aired by the SBS broadcasting station, from April 1, 2013 to April 10, 2013, the Defendant, without the Plaintiff’s consent, sold a similar design ear, using the name “A ear,” a photograph to which the Plaintiff wears ear on the shopping mall and online marketplace (hereinafter “instant shopping mall, etc.”) operated by the Defendant from April 1, 2013 to April 10, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The gist of the plaintiff's assertion is that the defendant's publicity of the goods sold by the defendant using the plaintiff's portrait and name in the shopping mall of this case without the plaintiff's permission constitutes a tort infringing the plaintiff's right of publicity

Accordingly, the plaintiff suffered property damage equivalent to the price (advertisement model fee) that can be received in the case of accepting the use of portrait and name, and the plaintiff suffered from mental suffering due to using the plaintiff's portrait and name without permission at a place where the plaintiff does not want to do so, so the defendant is obligated to pay the plaintiff compensation for property damage caused by infringement of the right of publicity which is 2.5 million won and compensation for mental suffering caused by infringement of the right of publicity, which is 2.5 million won in total, and compensation for delay.

B. The determination of the right of publicity as to the claim for damages caused by the infringement of the right of publicity refers to the economic value of portrait or name, that is, the right of portrait name as property right.