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(영문) 서울중앙지방법원 2017.10.31 2014가단206868

손해배상금

Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 5,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 19, 2014 to October 10, 2017.

Reasons

1. Determination as to the main claim

A. The defendant is a person who is a member of CKa P, D, and E, and the attached Form against the plaintiff

1. A public prosecution was instituted by Suwon District Court 2014Da2467 (hereinafter “Seoul District Court”) due to the offense of insult and the violation of the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information (Defamation), against the stated criminal facts, etc., and the said court found the Defendant guilty of the facts charged on July 27, 2017, and sentenced the Defendant to a fine of KRW 10 million. At present, the facts pending in the appellate court under the above court 2017No575 do not conflict between the parties.

B. The facts found guilty in a criminal trial on the same factual basis, even though it is not bound by the finding of facts in a criminal trial, shall be a flexible evidence. Thus, the facts against this cannot be acknowledged unless there are special circumstances where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial.

According to the above facts of recognition, the defendant can recognize the fact that the plaintiff insultings and defames the plaintiff, and it can sufficiently be said that the plaintiff suffered a considerable mental pain due to the above illegal acts.

Therefore, the defendant is obliged to compensate for mental damage suffered by the plaintiffs due to the above tort.

The amount of consolation money to the plaintiff shall be five million won in consideration of the circumstances that the defendant caused the above tort, the details of the tort, the damages suffered by the plaintiff and its degree, the relationship between the plaintiff and the defendant, and other various circumstances shown in the argument in this case.

C. If so, the Defendant’s judgment is based on the following facts: (a) the delivery of a copy of the instant complaint from October 19, 2014 to October 31, 2017, which is the date of the pronouncement of the instant complaint, as sought by the Plaintiff, as to the consolation money of KRW 5 million and each of the above amounts.