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(영문) 인천지방법원 2015.12.18 2014가단75379

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 5,00,00, and KRW 1,00,000 for each of the said money and each of the said money from August 31, 2014.

Reasons

1. Facts recognized;

A. Plaintiff B and C are children of Plaintiff A.

B. Around May 2014, the Defendant: (a) stated that “the Plaintiff’s two children have different gender with differentness; (b) was indicted for committing a crime that defames the Plaintiff’s reputation by openly pointing out a fact as above; (c) was sentenced to a fine of KRW 1 million on May 28, 2015; (d) the judgment became final and conclusive as it became final and conclusive.

C. In addition, even though the Defendant did not present the husband in the state of marriage of the Plaintiff A, and even though the Plaintiff C was the husband in the state of marriage of the Plaintiff, the Defendant was the husband in the state of marriage of the Plaintiff C, the Defendant was indicted on June 2014 and around August 2014 that “Plaintiff A had the husband’s family, and the Plaintiff A had the husband’s family, but she had the husband, but she was living in the Republic of Incheon because she had the snow in Busan. The first (Plaintiff B) is the person who was the husband’s own consciousness, and the second (Plaintiff C) is the former husband’s own consciousness, not the husband’s own consciousness. The Defendant was sentenced to a fine of KRW 50,000 on November 11, 2015 by openly pointing out false facts and was sentenced to a final judgment of the said district court (the above judgment of the Plaintiff 2715,2015).”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 11-1 to 12, 12-1 to 14, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant stated that he had a possibility of spreading the plaintiffs' family's marriage and birth relationship as above and affected the plaintiffs' social evaluation, and accordingly, it is recognized in light of the empirical rule that the plaintiffs suffered mental impulses. Thus, the defendant is liable to compensate for mental suffering suffered by the plaintiffs in money due to the above tort.

B. Furthermore, concerning the amount of consolation money.