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(영문) 의정부지방법원 2016.08.26 2016나51997
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 Plaintiff, without the Plaintiff’s consent, sent advertising text messages to the Plaintiff on January 31, 2015. As such, the Defendant asserted that the Plaintiff is obligated to pay the Plaintiff money as stated in the claim’s compensation. Thus, the Defendant’s transmission of advertising text messages to the Plaintiff on January 31, 2015 does not conflict between the parties, but the Plaintiff purchased goods at the Defendant’s agency on July 10, 201, and consented to the receipt of advertising text messages and text messages upon the Defendant’s application for membership, and the Plaintiff purchased goods at the Defendant’s agency on May 25, 201 and the receipt of advertising text messages from the Defendant on July 10, 201, and the Plaintiff’s submission of advertising text messages to the Plaintiff on January 31, 2015 without any specific objection. Accordingly, the Plaintiff’s submission of the Plaintiff’s comprehensive transmission based on the Plaintiff’s assertion that the Plaintiff did not raise any objection.

On January 25, 2012, the Plaintiff notified the Defendant of the change of the existing mobile phone number or received a transmission of the advertisement text message as the changed change on January 31, 2015, although the Plaintiff did not consent to the receipt of the advertisement text message in the above number. As such, the Plaintiff asserted that the Defendant sent the advertisement text message without the Plaintiff’s consent, so it is difficult to see that the Plaintiff consented to the receipt of the Defendant’s advertisement text message or text message on July 10, 201, and on the other hand, it is difficult to view that the Plaintiff consented to the receipt of the specific number when the Plaintiff obtained the consent of the subject of information pursuant to Article 15(1) of the Personal Information Protection Act, and that the personal information manager may collect personal information after obtaining the consent to the collection of personal information pursuant to Article 15(2) of the Personal Information Protection Act (No. 1).

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