손해배상(기)
The defendant's 4,00,000 won to the plaintiff and 5% per annum from July 30, 2019 to October 22, 2020 to the plaintiff.
1. Facts of recognition;
A. The plaintiff operates the "D" store on the first floor of the building at his domicile in the name of "A", and the defendant resides in the address near the above "D" store.
B. On August 27, 2020, the Defendant was sentenced to a fine of KRW 4,00,000 on the grounds that he/she was guilty of the crime in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) in Daejeon District Court 2019Da3518, and the judgment became final and conclusive around that time
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 11, Eul evidence Nos. 1, 7 through 10, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The Plaintiff asserts that the Defendant’s criminal act subject to criminal punishment interfered with the Plaintiff’s business, and that the Defendant incurred a total of KRW 15,461,49 property damage. 2) The Defendant’s criminal act interfered with the Plaintiff’s business, and thereby, it is insufficient to recognize the Plaintiff’s property damage, solely based on the evidence No. 5, and there is no other evidence to acknowledge it. Thus, this part of the Plaintiff’s assertion is without merit.
B. According to the above facts of recognition as to the claim for consolation money, the defendant is recognized to have impaired the plaintiff's reputation. Thus, the defendant is obligated to pay the plaintiff the mental suffering that the plaintiff suffered.
Meanwhile, the amount of consolation money shall be 4,000,000 won by taking full account of the following circumstances acknowledged by the evidence as seen earlier:
① It seems that the Defendant did not prepare writing to inform her of his experience, but rather written the same article as written in the separate facts constituting an offense in order to slander the Plaintiff, who has an emotional conflict with her own.
② The Defendant may use multiple users for the foregoing purpose via the Internet which is highly likely to spread.