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(영문) 서울중앙지방법원 2020.08.27 2019나83351

손해배상(언)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

가. 원고는 2001년경 문예지인「C」에 시(詩)가 실리며 등단하여, 2014년 D사를 통하여 시집 「E」을 출간한 유명 시인이고, 피고는 인터넷뉴스사이트 ‘F'(이하 ’이 사건 사이트‘라 한다)를 운영하는 언론사이다.

B. On October 23, 2016, the Defendant posted, as indicated in attached Form 1, an article of “G” (hereinafter “instant article”) as indicated in the instant website, and on October 24, 2016, an article of “H” (hereinafter “instant article”) as indicated in attached Form 2.

C. The Plaintiff’s real name is indicated in the instant article 1 and the instant two articles (hereinafter “each of the instant articles”) and the Plaintiff’s photograph is displayed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including all of the paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Although the Plaintiff did not have sexual harassment, sexual indecent act, or sexual assault as stated in the article of this case, the Defendant did not confirm the Plaintiff in advance or without hearing the Plaintiff’s counterarguments, and published the article of this case on the website of this case as false, reported false facts as if they were true, and exposed the Plaintiff’s real name and photograph as they were. 2) As a result, the Plaintiff was recovered from all the books of sexual harassment, sexual indecent act, and sexual assault, and was suffering from mental pain to the extent that the Plaintiff could not live as a normal society as well as the life as a man for the past several years.

3) Therefore, the Defendant is obligated to pay the Plaintiff KRW 7,00,000 as consolation money for the above mental distress. (B) Defendant 1 asserted that the Plaintiff’s sexual indecent act was listed in the SNS; (c) at the time, the Plaintiff written an article on the SNS without denying it; and (d) the Defendant written the Plaintiff’s writing on the PO, and based on this, the instant one engineer.