손해배상(기)
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts: (a) around 15:00 on June 19, 2017, the Defendant stated that “the Plaintiff has winded” to the Defendant, who is a member of the F Mountain Association, that “F Mountain Association” was a child at the mountain conference, and that “the Plaintiff has winded.”
(2) On May 30, 2018, the Defendant issued a summary order of KRW 3 million from the Busan District Court’s Dong Branch (2018 High Court Decision 201Da1460) on the grounds that the Defendant had damaged the reputation of the Plaintiffs by openly pointing out false facts.
The above summary order became final and conclusive around that time.
[Reasons for Recognition]: entry of Gap evidence No. 1 and the purport of the whole pleadings
2. Determination
A. (1) According to the above facts, it is reasonable to view that the Defendant’s act of defamation of this case was detrimental to the honor of the Plaintiffs as the content that lowers the Plaintiffs’ social assessment or value, and it is obvious in light of the empirical rule that the Plaintiffs suffered considerable mental suffering. Therefore, the Defendant is obliged to pay the Plaintiffs monetary or mental suffering.
(2) The defendant asserts that there was no fact that defamation was committed by the defendant. However, even if a civil trial is not bound by the fact-finding in a criminal trial, the fact that the criminal trial already became final and conclusive on the same fact-finding is material evidence, and thus, it cannot be acknowledged that there is no special circumstance where it is difficult to adopt a fact-finding in the criminal trial in light of other evidence submitted in the civil trial unless it is acknowledged
(See Supreme Court Decision 2007Da69148, 69155, Feb. 14, 2008, etc.). Examining the instant case based on such a legal doctrine, the Defendant’s criminal judgment as seen earlier is recognized.