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(영문) 서울중앙지방법원 2016.07.21 2015가단5324874
손해배상(기)
Text

1. Plaintiff A; Defendant C is KRW 1 million; Defendant D is KRW 300,000,000 for Defendant C, and Defendant C is on June 20, 2015.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C and D

A. The facts of recognition (1) Defendant C sells the golfware of the trademark “F” at the New World Department Store E, and Defendant D Co., Ltd. (hereinafter “Defendant Company”) imports the golfware of the trademark “F”.

(2) The Plaintiff, while operating the four-day Partnership, was engaged in his/her photograph (hereinafter “F”) suffering from the golfware of “F” (hereinafter “instant photograph”) in the course of operating the four-day Partnership using the Social Relations Network Service (SNS, Societ Network Service,” hereinafter “SNS), with the word “F,” and with the word “F,” and the word “one form of meta data so that a specific core is conveniently searched from social media, such as Sone Starg, Twitter, and Face North Korea. A notice was posted on the Lone Star Program.

(3) On June 20, 2015, Defendant C posted the instant pictures on his/her own e-mail without the Plaintiff’s consent, and under the following, Defendant C posted them on the e-mail of his/her e-mail, and on the same hand, Defendant C indicated the word “the image of the e-mail of the e-mail, which is the SNS sharing of pictures.”

(4) On August 17, 2015, Defendant Company posted this case’s pictures posted in Sone Starg, without the Plaintiff’s consent, on the page of Defendant Company, and along with these pictures, Defendant Company posted them on the Pone Starg’s page, which is a sharing SNS’s image. In the case of issue, Defendant Company stated the phrase “Wone Starg’s phone page” as G.

(5) On August 11, 2015, Defendant C received the phone call from the Plaintiff regarding the posting of the instant pictures without permission, and immediately deleted the relevant pictures from the NAB World and posted the apology. Defendant C sent the Plaintiff a letter of intent with the intention of the apology by exposing the apology posted on the NAB World and exposing it to the Plaintiff.

(6) The Defendant Company on August 18, 2015.

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