손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. The scope of the judgment of this court is limited to the above cited part of the claim for consolation money, since the plaintiff sought positive damages equivalent to medical expenses, passive damages equivalent to lost income, and consolation money against the defendant, the first instance court rendered a judgment citing 700,000 won among the above claim, and only the defendant appealed.
2. Judgment on the plaintiff's claim of consolation money
A. On July 11, 2019, the Defendant, at the dental counseling center where the Plaintiff’s children work, expressed that the Plaintiff would withdraw legal measures in the event that the Plaintiff did not continue to pay the unpaid dental expenses while urginging the Defendant to pay the unpaid dental expenses, and that there was 7-8 customers in the defect treatment room and 30 customers in the waiting room, the Defendant expressed that the Plaintiff “Chose, typile,” and that “the Plaintiff should do so.”
As above, the defendant was sentenced to a fine of 500,000 won for the criminal facts that publicly insult the plaintiff (Seoul Central District Court 2019 High Court 2353), and the defendant appealed, but the appeal was dismissed (Seoul Central District Court 2020No210), and the above judgment was finalized on August 21, 2020.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
B. According to the above facts of recognition, the defendant is found to have committed an unlawful act that infringes on the plaintiff's personality right by insulting the plaintiff by taking a bath as above, and it is obvious in light of the empirical rule that the plaintiff was suffering from mental suffering. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff.
Furthermore, all the circumstances indicated in the records of this case, such as the health team, content and degree of an insulting act, degree of mental suffering that the Plaintiff was inflicted by the Defendant’s insulting act, the background leading up to the Defendant’s insult to the Plaintiff, the relationship between the original Defendant and the Defendant, and the fine against the Defendant in the relevant criminal judgment, etc., as to the consolation money amount that the Defendant is liable