beta
(영문) 서울중앙지방법원 2019.10.23 2018가단5054763

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that he had been sexual assaulted twice from the Plaintiff through general programming channel C, etc. around the end of 2016, but there was no sexual assault alleged by the Defendant, and the Plaintiff and the Defendant were not in a superior relationship, and only two times only between the two times at a public place with the introduction of the person.

The Plaintiff suffered significant economic damage, such as the cancellation of advertising interference, broadcasting contribution, various performances, etc., due to the broadcasting of the above allegations by the Defendant, and suffered damage to honor.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 150 million and mental damage KRW 50 million, which is a part of the Plaintiff’s damages incurred by the said tort, to the Plaintiff.

2. According to the evidence No. 1 written by the Plaintiff’s statement, it can be acknowledged that there was a non-prosecution disposition against the Defendant on November 23, 2018, in the case of “defluence by publication, accusation, or attempted accusation,” which the Plaintiff filed against the Defendant.

In light of the above facts, there was a non-prosecution disposition against the plaintiff as to the alleged facts of the violation of defamation by quasi-rape, rape, and publication, or the evidence submitted by the plaintiff is a certified copy of the register of incorporated association Eul, and evidence No. 1 submitted by the plaintiff is evidence No. 2, and evidence No. 3-1 and No. 2 are articles of the plaintiff's prior interview, and evidence No. 3-1 and No. 2 are articles of evidence No. 3-2 as well as articles of the defendant's assertion, and there is no specific evidence as to the defendant's act.

Therefore, this court set the time limit for submitting the necessary evidence to the Plaintiff as an order to prepare for the name of the Plaintiff on July 25, 2019, but the Plaintiff did not submit any evidence even before September 18, 2019, which is the date of the above time limit or the date of the closing of argument, and was absent on the above time limit.

On the other hand, the "written opinion on the progress of the lawsuit" submitted by the plaintiff to this court on September 30, 2019 is the defendant.