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(영문) 서울중앙지방법원 2018.01.24 2017나46082

손해배상(기)

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1. The plaintiff and the defendant against the defendant exceeding the amount ordered to be paid under the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff had an interview with general programming channel D in relation to the structure of the sinking accident of the C Sewol ferry, and the interview was broadcasted at Cam, and the articles related to the Plaintiff were reported by many media companies.

B. At around 09:18, under the title F, the Plaintiff was detained on the Internet community museum (www.be)’s political-day bulletin board (www.be) of the Internet community website (hereinafter “instant bulletin board”) by misrepresenting the private body while conducting an interview with D and the above personal body while conducting a false interview, etc., and posted a notice of the Plaintiff’s investigation process at the police, such as the Plaintiff’s content, etc., on the Plaintiff’s police. The user who uses the NA as the clinic of “G,” posted a notice of the statement “I,” “I,” and the Defendant, who uses the clinic of “H”, posted the statement of “I,” “I,” “I,” “I,” and “I,” (hereinafter “instant comments”).

C. Meanwhile, on the other hand, the Plaintiff was indicted on January 9, 2015 on the charge of impairing the honor of the Commissioner General of the Korea Coast Guard by openly pointing out false facts in relation to D and the above interview, but was acquitted on January 9, 2015. The Prosecutor appealed to the Gwangju District Court 2015No200 and the indictment was modified, but the said court acquitted the Plaintiff on September 1, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3, 4, 11, 12, Eul evidence No. 1, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts acknowledged in the above basic facts as to the establishment of tort of posting the comments of this case, the defendant posted the comments of this case on the bulletin board of this case where many and unspecified persons can confirm the contents of this case, thereby undermining the plaintiff's social reputation, and thereby insulting the plaintiff.