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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. At around August 2008, the Plaintiffs: (a) moved the video files of video recording the face value of their sexual act into video images (hereinafter “instant video files”) to “N disc,” a provider of Internet web network services; and (b) kept the passwords.
B. However, between January 201 and March 200, the Defendants distributed the video files of this case through the Internet file sharing site, etc. as stated in the “crimes” as shown in the attached Table among the “crimes” as indicated in the “crimes” as indicated in the attached Table. As such, the Defendants were sentenced to a summary order or judgment as stated in the “crimes” listed in the attached Table as the crime of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution).
[Basis] Evidence Nos. 2, 3, 5, 6, 7, 9, 15, 16, and Eul's evidence No. 1 and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendants distributed the video files of this case in which the face of the plaintiffs was revealed, through the Internet file sharing website, etc., thereby infringing the plaintiffs' privacy and personal rights. Accordingly, it is judged that the plaintiffs suffered considerable mental damage. Accordingly, the defendants are liable to compensate the plaintiffs for such mental damage in monetary form.
B. Furthermore, considering the amount of consolation money that the Defendants are liable to compensate for to the Plaintiffs, the reasons why the Plaintiffs prepared and stored the video files of this case, the degree of responsibility that the Plaintiffs failed to perform their duty of care in managing the video files of this case, the methods and details of disseminating the video files of this case, the amount of profit that the Defendants acquired by distributing the video files of this case, and other circumstances shown in the arguments of this case, comprehensively taking into account the Plaintiffs and the Defendants’ age, gender, occupation and others.