beta
(영문) 서울남부지방법원 2019.12.11 2019가단215986

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 300,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 29, 2018 to December 11, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The defendant and C are married couple who completed the marriage report on November 18, 2004, and have two children under the chain.

나. 피고는 2018. 6. 29. 자신의 D 메신저 프로필에 “참할짓없는 나이 헛처먹은 개쑥 이젠좀 꺼져줄래 정신병자짓말고”, “몹쓸 대독 숏 더런 구멍”이라고 각 기재하면서 원고의 사진을 첨부하였다.

C. On November 30, 2018, the Plaintiff filed a complaint against the Defendant’s above act by insult, and the prosecutor indicted the Defendant as a summary charge of insult.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, and Eul No. 1, or the purport of the whole pleading

2. According to the facts of recognition as to the claim of the principal lawsuit, the Defendant recognized that on June 29, 2018, the expressions insulting the Plaintiff on his/her DNA pen that many people have access through an information and communications network were recorded, and thereby, it is obvious in light of the empirical rule that the Plaintiff was suffering from mental suffering. Therefore, the Defendant is liable to the Plaintiff for the payment of money to the Plaintiff.

Considering the various circumstances shown in the argument of this case, such as the relationship between the Plaintiff and the Defendant, the content and the method of expression posted by the Defendant, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff for the tort as KRW 300,000.

Therefore, from June 29, 2018, which was the date of tort, the Defendant is obligated to pay to the Plaintiff 300,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, to December 11, 2019, which is deemed reasonable to dispute the scope of the obligation of this case.

3. Judgment on a counterclaim

A. The Defendant 1’s assertion by the parties: The Plaintiff committed an unlawful act with C, the Defendant’s spouse, until 2017; accordingly, the Defendant suffered mental suffering.

The plaintiff.