beta
(영문) 서울중앙지방법원 2020.02.05 2019가단5015413

손해배상(기)

Text

1. The Defendants are 5% per annum from May 29, 2016 to February 5, 2020 with respect to each of the said KRW 300,000 to the Plaintiff.

Reasons

1. The Defendants asserted that the Plaintiff’s assertion was damaged by posting the Plaintiff’s original fluorial bath on the Internet bulletin board that anyone can see.

Accordingly, the defendants are obligated to pay 3,000,100 won and damages for delay to the plaintiff, respectively, as consolation money for the plaintiff's mental suffering.

2. Each fact in the separate statement of facts constituting the cause of the claim may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 12 (including branch numbers) and the purport of all pleadings.

3. Determination

A. In setting the limitation between the freedom of one expression and the protection of reputation in the occurrence of liability for damages, the standard of review should be differentiated depending on whether the victim whose reputation is damaged by the relevant expression is a public figure or a private figure, or whether the expression concerns a public concern or concerns a pure private matter. In the case of expression on a matter of public meaning, the restriction on the freedom of expression should be mitigated.

However, even if the filing of a matter of public concern should be widely permitted, the method of expression should be chosen on the basis of respecting the character of the other party, and even if there is any matter subject to criticism, it is not permissible to insult by an ambiguous expression.

On the other hand, it cannot be deemed unlawful solely on the ground that the expressive person expressed critical opinions against others, but if the form and content of the expressive act falls under an insulting and definite personal attack or is about another person's personal affairs.