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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. In the first instance court, the Plaintiff claimed both damages and mental distress damages for each property arising from infringement of the right of publicity or personal right. The first instance court dismissed all the claims for damages arising from infringement of the right of publicity and partly accepted the claims for mental damage arising from infringement of the right of publicity.
Therefore, since the defendant only appealed against the infringement of the right of publicity, the claim for damages caused by the infringement of the right of publicity and the claim for damages caused by the infringement of the right of personality are excluded from the scope of judgment in this court, and the subject of judgment in this court is limited
2. Facts of recognition;
A. The Plaintiff is a postponed person who renders contributions to MBC D, SBS DD E, etc. while working under the name of C, and the Defendant is a doctor who operates G in Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant hospital”).
B. Around November 8, 2012, the Defendant or the Defendant’s employees opened, managed, and operated Blogs (hereinafter “Blogs”) on the Internet portal site, and around November 8, 2012, the Internet homepage address and telephone number of the instant hospital, and e-mail address were posted on the left page of the instant Blogs, and the lower part of Blogs, the lower part of Clogs, which indicated that the posts on sexual surgery are mainly posted, such as the lower part of Clogs, the lower part of Clogs, the lower part of Clogs, the lower part of Clogs, the lower part of Clogs, the lower part of Clogs, the lower part of Clogs, and the lower part of Clogs.
C. Around November 8, 2012, around 2012, a total of 47 notices were posted on the instant Blogs. On August 24, 2010, the following notices were posted on the Blogs, which was a type of sub-presidentiality, around 20:38, 2010:
(hereinafter referred to as the notice in this case). Title C (B) is possible in the form of carbon return, and the form of dubity.
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