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(영문) 서울북부지방법원 2017.09.19 2017가단103617

손해배상(기)

Text

1. The Defendants: (a) from August 6, 2015 to Defendant B, respectively, with respect to KRW 200,000 to the Plaintiff; and (b) on July 23, 2015 to Defendant D.

Reasons

1. Basic facts

A. From March 2007, the Plaintiff is a person operating the “I” and the “J” of Item I from around March 2007 to the clinic of “H” from the Internet Broadcasting Africa (www.afrecom).

B. The Defendants posted, as a member of African TV, the following articles on August 6, 2015, Defendant B, Defendant D, on March 6, 2015, and July 23, 2015, Defendant E, on July 4, 2015, respectively.

⑴ 피고 B(아이디 ‘K’) : “개.♡야”, “씨ㅅ발럼아”, “니엄-마 흑인” ⑵ 피고 D(아이디 ‘L’) : “닭쳐라 호ㄹㅓ자식아 똥걸레같은”, “sax나 해서 질ㄴㅐㅅㅏ정해라”, “o bj 씌벌년 일베인가 외애리 아프리카에 불만을 토로해 “ ⑶ 피고 E(아이디 ‘M’) : “몰랏는데병ㅋ신년아. 니가지어내는 예기는”, “N년아”, ”씨-벌“, ”일년전에도이지-랄하더니”, “일년이지나도이지-랄이네”, “씨-벌련”, “에휴망치로얼굴만빻은게아니라아-가리도빻앗나보네개-새-끼가 불만있으면 전화해라”, “이새-끼관종이야”, “너가입터는게 돈벌이자나”, “개-새-끼야” [인정근거] 피고 B : 공시송달(민사소송법 제208조 제3항 제3호) 피고 D, E : 다툼 없는 사실, 갑 제1, 4, 5호증(가지번호 포함)의 각 기재, 변론 전체의 취지

2. Determination

A. According to the above facts finding that the Defendants were liable for damages, the Defendants, using a language that is indecent to the public hold of Internet personal broadcasting that enables an unspecified number of people to confirm the contents of the text, insulting the Plaintiff by using a language that is indecent to the public hold of Internet personal broadcasting, and it is obvious in light of the empirical rule that the Plaintiff was suffering from mental pain. Therefore, the Defendants are obliged to do so in money.

B. As to the scope of liability for damages and the amount of consolation money, health class, contents, amount and frequency of the comments posted by the Defendants, the background and intent of the notices, and the original Defendant’s intent.