beta
(영문) 울산지방법원 2020.01.17 2018가단72828

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the president who is operating a child-care center E in Gyeyang-si D.

B. The Defendant made a series of comments on E child-care centers on Internet carpets “F”. The primary content is that “E child-care centers have committed physical and mental abuse against children, and the probation office has rendered a decision regarding child-care centers.”

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the defendant's writing that defames the plaintiff's reputation on the Internet car page constitutes a tort, and thus, the plaintiff is obligated to pay 31 million won as consolation money to the plaintiff.

B. Considering the overall purport of the statements and arguments in Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3-8 and Eul evidence 3-8, it can be acknowledged that the plaintiff's child abuse case against the plaintiff's child was occurred in E-care center operated by the plaintiff, the fact that the disposition of suspension of qualification, etc. was issued against the plaintiff, and the defendant written comments on the above child-care center's affirmative assessment in the form of comments on the above child-care center. Thus, the defendant's writing written on the so-called subconsute is consistent with objective facts in the important part, and it is judged that the defendant puts the above writing on the above part for public interest purpose to prevent the recurrence of child abuse in the above child-care center.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.