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(영문) 서울동부지방법원 2019.05.31 2017나27985
손해배상(기)
Text

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.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the first instance is as follows, except that the second to third to VI of the judgment of the first instance is used, and the second to the second to the effect that “the above-mentioned penal provision” of the fourth to Article 19 of the Act is a limited provision of Article 19 of the Act, and therefore, it is identical to the ground of the judgment of the first instance. Accordingly, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff allegedly used the Plaintiff’s personal information illegally in violation of Articles 19 and 59 of the Personal Information Protection Act (hereinafter “Act”), and the Plaintiff suffered enormous damages due to the Defendants’ joint tort. Therefore, the Defendants jointly and severally liable for 80 million won to the Plaintiff.

3. Determination

A. Article 59 of the Act is a provision concerning prohibited acts of a person who has managed or processed personal information, and such provision does not apply to the Defendants, etc. who have received personal information from a personal information manager, not to a person who has managed

B. In addition, pursuant to Article 19 of the Act, a person who receives personal information from a personal information manager shall not use the personal information for any purpose other than that for which the personal information was received or provide it to a third party, except with a separate consent from the subject of information or

4. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is groundless.

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