beta
(영문) 서울중앙지방법원 2018.06.27 2017나92115

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. From February 2007, the Plaintiff’s personal broadcasting (hereinafter “instant broadcast”) is proceeding from around February 2, 2007 to the clinic of “E” from “Africa TV” as the Internet’s personal broadcasting site.

B. The Defendants connected to the instant broadcast, which was initiated by the Plaintiff, posted the following comments at the hosting hall reported by many unspecified viewers.

피고 B은 2015. 2. 5. 닉네임 ‘H’, 아이디 ‘I’로 ‘개빨갱이련이 개♡때리고싶다’라는 글을, 피고 C은 2015. 2. 5. 닉네임 ‘J’, 아이디 ‘K’로 ‘E 아들딸 세월호 배탓다가 디�답니다 묵념합시다 ’라는 글을, 피고 D은 2015. 2. 4. 닉네임 ‘L’, 아이디 ‘M’로 ‘이쁜년 더러운년 빨간년ㅋㅋㅋㅋ’이라는 글을 각 게시하였다.

[Reasons for Recognition] Unsatisfy, Party A’s images, as well as the purport of the whole pleadings, of Gap’s evidence Nos. 1, 4, 5, and 6 (including paper numbers)

2. According to the facts of recognition as above, the defendants are obliged to pay consolation money to the plaintiff, since they are recognized to have insulting and indecent expressions on the broadcast hold of this case, which can confirm the contents of this article by accessing many unspecified persons, and thereby insulting the plaintiff. This is obvious in light of the empirical rule that the plaintiff was suffering from mental suffering.

3. The scope of liability for damages of this case is where multiple persons publish a short sentence of sentences in real time, and each of the Defendants’ comments appears to have a relatively short time during which each of the instant comments was exposed to viewers, and thus, the possibility or influence of its dissemination is deemed not to have been significant. Considering all the circumstances indicated in the instant arguments, such as the background leading up to the posting of each of the comments, the degree of expression and amount of expression, etc., the amount of consolation money to be paid by the Defendants to the Plaintiff is determined as 10

Therefore, the defendants are 100,000 won each as consolation money to the plaintiff.