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(영문) 서울중앙지방법원 2018.11.27 2017가단5233088

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is operating a personal broadcasting station in the name of name, “D” and “E” from February 2, 2007 to the clinic of Africa that provides Internet personal broadcasting services (English name: AfreTV, Internet address: htp:/www.afrec.com).

B. The Plaintiff’s regular life broadcasting is broadcast from 11:0 p.m. to 2:0 p.m. a.m. a.m. a.m. a.m. from 11:00 p.m. a.m. to 2:0 p.m. a.m. a.m. a.m. a.m. a.m. a.m. a.m. a.m. a.m., a.m. a.m. for viewing by real-time access is 3,00 to 4,000 times a.m. a.m. a.m. during re-broadcasting. a.m.

다. 피고는 2013. 6. 25. 원고의 재방송 진행중에 “F”라는 아이디로 접속하여 'D’ 채팅창에 “지.랄을 하고 있네. 여자가 어디 정치얘기야. 시발련이 ㅋㅋㅋㅋ 나가서 파나 뽑아와. ♡아 아프리카TV는 욕설이나 음란한 용어가 게시되면 필터링하여 차단조치하고 해당 부분을 ♡로 표시하는 관계로, ♡로 표시되었다. 뭘안다고 씨부리냐”라는 내용의 글을 게시하였다.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant alleged the Plaintiff’s assertion is obliged to pay KRW 3,00,000 as consolation money, since the Plaintiff suffered emotional distress by insulting the Plaintiff through the foregoing writing.

B. The defendant's argument does not include the plaintiff by referring it to the plaintiff, but the other viewers' opinions are divided. The defendant's argument is against the viewers who assert different opinions from the defendant.

Even if not, three years have elapsed since the date of becoming aware of illegal acts, the extinctive prescription was completed.

3. The plaintiff's claim against the defendant is first written on the part of the defendant's writing against the plaintiff.