손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On October 2003, the defendant filed a complaint against the plaintiff as the representative director of C Co., Ltd. (hereinafter "C") and filed a complaint against the plaintiff (hereinafter "the complaint of this case") with the following contents.
“The Plaintiff, from September 5, 2003, operated the car page “D” (hereinafter “C”) established following the Internet site, sent false information that “C is similar to a multi-stage company,” thereby impairing the honor of C and interfering with its business. On September 20, 2003, the Plaintiff demanded E, an employee of C, by walking phone, to leave the said car page, to withdraw the said money on the bulletin board of the instant car page, stating that “The fact of demanding the money would be killed human being prior to the fact of demanding it,” and then, demanded E, who is an employee of C, to withdraw the said money.”
B. On February 13, 2004, a criminal judgment against the Plaintiff was instituted against the Plaintiff on the grounds of the crime of interference with business, attempted conspiracy, and violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. (Defamation), and the Plaintiff was sentenced to imprisonment with prison labor for one year at the Seoul Western District Court on March 25, 2004 and two years of suspended execution (hereinafter “instant judgment subject to a retrial”), and the said judgment became final and conclusive on May 14, 2004 as the withdrawal of the Plaintiff’s appeal.
C. On December 20, 2005, the Seoul Northern District Court 2005da62713, filed a lawsuit seeking damages of KRW 30,000,000 against the Plaintiff as Seoul Northern District Court (hereinafter “instant civil lawsuit”) on the grounds that the Plaintiff opened an Ansan Pa Pa Paf or joined the said Ka Paf as a member, thereby impairing C’s reputation and hindering C’s business by posting a false writing as if C was a multi-level company. At the time of the instant civil lawsuit, C was in the status of the representative director of C at the time of the filing of the lawsuit.
On June 13, 2006, the above court sentenced C to pay 3,000,000 won as consolation money, and above.