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(영문) 서울고등법원 2019.01.24 2018나2051837

손해배상(위자료)

Text

1. The plaintiffs' appeal against the defendants and the claims added by this court are all dismissed.

2. Appeal;

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized or added by the plaintiffs in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) The summary of the argument regarding tort liability is clearly acknowledged that Defendant B, etc. committed a serious illegal act that undermines the fairness of election by spreading opinions supporting or opposing a specific candidate on the Internet site, etc. The fact that Defendant A, etc. aided and abetted Defendant B, etc.’s illegal act, etc., and Defendant C interfered with the investigation of the “State Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party’

However, in this case, since it is extremely difficult to prove the specific amount of damages suffered by the plaintiffs due to the above defendants' tort in light of the nature of the case, the court should consider the whole purport of the pleadings and all the circumstances recognized as the result of the examination of evidence as prescribed in Article 202-2 of the Civil Procedure Act, and calculate the reasonable amount as the amount of damages suffered by the plaintiffs. However, the court of first instance erred by dismissing the plaintiffs' claims without applying the provisions of the Civil Procedure Act concerning the calculation of the amount of

B. The determination of damages under Article 202-2 of the Civil Procedure Act is based on the case where it is difficult to prove “specific amount of damages” in light of the nature of the case, although the “fact of the occurrence of damages” is deemed to be “fact of the occurrence of