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(영문) 서울서부지방법원 2015.10.08 2015나31999

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

’C'라는 닉네임사용자가 2013. 10. 5.경 ‘일베저장소(www.ilbe.com)' 사이트 내 게시판에 ‘D’라는 제목으로 ‘금칙어됐냐ㅋㅋㅋㅋ별개다있네 시발ㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋ’라는 내용의 글을 올리자, 피고도 ‘E'라는 닉네임을 사용하여 댓글로 ’금지할만하자나 존못돼지좌빨년 ㅅㅂ‘라는 모욕적인 글을 게시한 사실은 당사자 사이에 다툼이 없다.

Since it is apparent in light of the empirical rule that the plaintiff suffered mental pain due to the above insult of the defendant, the defendant has a duty to raise money, and in light of the defendant's age, occupation, content, frequency, circumstances, etc. of the comments posted (the defendant was a minor student attending the third grade of high school at the time of posting the above comments, and the comments were also posted once) the amount of 30,000 won shall be determined as 30,000 won. Thus, the defendant is obligated to pay to the plaintiff damages for delay at each rate of 5% per annum as stipulated in the Civil Act from October 5, 2013, which is the date of the first instance judgment, which is deemed reasonable to dispute about the scope of the defendant's obligation to perform from October 5, 2013 to April 30, 2015, and from the next day to the day of full payment, damages for delay by 20% per annum as stipulated in the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings.

Therefore, the plaintiff's claim shall be accepted within the above scope of recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.