beta
(영문) 울산지방법원 2018.06.15 2016가단63110

손해배상(기)

Text

1. The Defendant’s KRW 3,00,000 and the following day shall be 5% per annum from January 6, 2017 to June 15, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On August 2013, the Plaintiff established and operated D Language Research Institutes (hereinafter “instant private teaching institutes”) in Ulsan-gu, Ulsan-gu (hereinafter “Seoul-gu”) and closed its business around February 2016, and operated it again on April 18, 2016.

B. The Defendant was an operator of a English private teaching institute near the instant private teaching institute. On February 2016, the Plaintiff, who operated the instant private teaching institute in the lecture room of the FFK located in Ulsan-gu, Ulsan-gu, U.S. on February 2, 2016, was rapidly away from the instant private teaching institute to cope with human life accidents that occurred during the construction of the foreign teaching institute, which was established in Kenya, around February 2016. Despite the fact that the instant private teaching institute had not been subject to administrative disposition from the office of education, eight students were exposed to and closed at the office of education at the time of the operation of the instant private teaching institute in English curriculum without being subject to the administrative disposition by the office of education. For this reason, the Plaintiff, who was operating the instant private teaching institute, went to the escape to not pay a fine as in G, and said, “The instant private teaching institute.”

C. The Plaintiff filed a complaint against the Defendant as a crime of defamation, and the Ulsan District Court (2016 High Court Decision 2016Da1346) convicted the Defendant of the criminal facts that the Defendant had damaged the victim’s reputation by openly pointing out false facts, and sentenced the Defendant to a fine of two million won.

Therefore, although the defendant appealed against the above judgment, the appellate court rendered a judgment dismissing the appeal and the above judgment of the first instance became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4 through 7, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above recognition of the defendant's liability for damages, since the defendant alleged false facts and damaged the plaintiff's reputation and credit, the defendant is liable to compensate the plaintiff for damages caused by the tort.

B. The Plaintiff, within the scope of damages, sustained KRW 54,319,00 and the monthly sales around December 2015, including the above sales.