손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is a person who was in an internal relationship with Nonparty C from March 2010 to April 2016, and the Defendant was a person who followed the marital relationship with C from May 15, 1981.
B. At the end of May 2016, the Defendant came to know of the fact that the Plaintiff and C were in an internal relationship with the Plaintiff. On July 11, 2016, and on the 13th of the same month, the Defendant sought from the members of each group of the Plaintiff’s active members, and thereby undermining the Plaintiff’s reputation by openly pointing out the fact in the manner of “the Plaintiff is in an internal relationship with C, and is entitled to living expenses, etc. from C.” < Amended by Presidential Decree No. 27420, Aug. 8, 2016; Presidential Decree No. 20135, Aug. 8, 2016; Presidential Decree No. 20100, Mar. 1, 2016; Presidential Decree No. 20220, Aug. 2, 2016; Presidential Decree No. 20220, Feb. 1, 2016>
C. Accordingly, the Defendant was indicted as the facts charged of defamation and intimidation with the foregoing content, and was sentenced to a fine of KRW 400,000,000,000,000,000,000,000,000 won, which became final and conclusive on February 11, 2017.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts found above, it is reasonable to view that the plaintiff suffered mental suffering due to defamation and intimidation by the defendant. Thus, the defendant is obligated to pay the plaintiff monetary compensation.
B. Considering all the circumstances indicated in the argument of the instant case, such as the fact that the Defendant was sentenced to a fine in the relevant criminal case, and that the Plaintiff also infringed upon the Defendant’s common life or committed an unlawful act with C, it is reasonable to deem the consolation money for mental damage suffered by the Plaintiff due to the Defendant’s tort as KRW 500,000.
C. Depending on the theory of lawsuit.