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(영문) 부산지방법원 2015.10.14 2015나837
손해배상(기)
Text

1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.

2. This is due to the extension of claims for the costs of appeal.

Reasons

1. Basic facts

A. The Plaintiff operates NAV carpet (hereinafter “Plaintiff carpet”) with the name of “C” as a member, and the Defendant operates NAV (hereinafter “Defendant carpet”) with the name of “D” as a member to arrange South Korea.

B. The plaintiff and the defendant's carpet are operated in such a way that they arrange friendships or hosting groups and receive participation fees from participants.

C. The Defendant sent to many NAV members, including the Plaintiff’s carpets, a page to publicize their car pages and encourage their subscription.

[Grounds for Recognition: Evidence Nos. 1, 3, 4, 8, Evidence Nos. 1, 2, and 1, 2]

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion (1) The Defendant secured the list of its members who subscribed to the Plaintiff car page using an unlawful program, and sent the Defendant car page to its members in a large quantity to introduce them and recommend their subscription.

② The Defendant, as the main part of the members of the Plaintiff Ka Pa Pa Pa Pa Pa Pa Pa Pa Pa P, was obstructing the Plaintiff’

③ The Defendant, using multiple IDs created through hacking or leaked personal information, subscribed to one’s own car page to increase the order of car page, or sent a large quantity of pages to publicize one’s car page through a CD program.

The defendant is liable for damages sustained by the plaintiff due to the above tort.

B. As to the assertion on securing the list of Plaintiff Kapets through an illegal program, the Plaintiff alleged that the Defendant secured the list of its members subscribed to the Plaintiff Kapets through an illegal program, and sent the name of its member to the Defendant to publicize the Defendant Kapets. However, the Plaintiff knows that the name of its member is used in the Adi or carpet.

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