1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff contributed to the D'D' airspace as an artist who works as an entertainment model and an advertising model to the D'C, which is broadcasted by the E's SBS broadcasting station. The Defendant is a person who sells a liquid book, such as e-market, at the online market (hereinafter referred to as the "Open Market"), a trade name of "E".

B. On April 2013, the Defendant posted on the shopping mall, at the same time, a photo filesing the face of the said drama (hereinafter “the instant photo”) on which the Plaintiff wears the relevant ear, and sold a similar design ear by using the name “F ear”.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant posted the plaintiff's photograph and name in online shopping mall operated by the defendant without the plaintiff's permission to publicize the goods sold by the defendant. This constitutes a tort that infringes the plaintiff's right of publicity and the

In addition, since the plaintiff's advertising model fee is a fact that does not require proof, the defendant is obligated to pay 5 million won as consolation money for property damage or mental distress equivalent to the amount of compensation to be paid when he/she uses his/her portrait, etc. with his/her consent from the plaintiff.

B. We examine the part of the claim for damages for property damage caused by infringement of the right of publicity, and ① there is a need to establish the right of publicity, which is an exclusive property right similar to a real right, solely on the ground that there is a need without any legal basis or established customary law, such as law and treaty, in Korea, in which the right of publicity is adopted. Supreme Court Decision 2014Da209364 Decided July 10, 2014 and Seoul High Court Decision 2013Na2827 Decided April 3, 2014, which is the lower court.