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(영문) 서울북부지방법원 2018.06.19 2017나39700

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. Basic facts

A. The Plaintiff received a written notice of enlistment in active duty service and served as the “written opposition to military service according to conscience” on a car page located in the Dong-dong, Mapo-gu, Seoul. On the same day, the Plaintiff posted the said written reply to “F” on the Internet website’s “media next” as “F”.

B. The Defendants written and posted comments on the same day, respectively, as follows.

피고 닉네임 글 내용 B G 이런 싸가지 없는 새끼 양심이란 말은 빼고 말해라 비양심 새꺄~ C C 병역거부가.

정치적신념 이라고 이거 또라이 아니가 국민의 의무도 모르나 신성한 국방의 의무를 무시하나 그러고도 니가 대한민국의 국민인가 개또라이 또나왔네 가라 가라 대한항공타고 D H 똘아이 병신같은놈

C. The Defendants were subject to a disposition of suspension of indictment on July 22, 2015, June 25, 2015, and November 17, 2015, on the charge of insulting the Plaintiff by posting each of the above comments.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-7, the purport of whole pleadings

2. According to the above facts of recognition, the defendants are obligated to compensate for mental suffering suffered by the plaintiff, since they posted an abstract judgment that could undermine the plaintiff's social reputation on the Internet website bulletin board where many unspecified or unspecified persons connect or each comments containing sacrific sentiment against the plaintiff, and they committed a tort that insults the plaintiff.

Furthermore, the amount of consolation money shall be set at KRW 100,000, respectively, by comprehensively taking into account the various circumstances shown in the arguments, such as the frequency and contents of each comments posted by the Defendants, the reasons for writing comments, and the circumstances after writing comments.

Therefore, it is reasonable for the Defendants to object to the Plaintiff as to the existence or scope of their performance obligations from the e-date, each of which is a tort.