손해배상(기)
1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of 5% from March 18, 2014 to August 20, 2015.
(b) the facts of the basis;
A. In the SNS “C”, the Plaintiff used the SNS name “D” and the Defendant used the SNS name “E” to conduct mutual hosting, and the Plaintiff’s use of the said SNS may read the SNS published by anyone.
B. From March 17, 2014 to the 18th day of the same month, the Defendant posted a letter “C” conversation stating that, on the grounds that the Plaintiff would no longer communicate and that he would withdraw from SNS, the Defendant would cut off the Plaintiff’s conversation and face photograph8, and then read “C” conversation as follows: “The Plaintiff’s conversation and face photograph was cut off to the victim of the second and third instances, so that the Plaintiff was cut off from the stude of the stude, i.e., the math of the stude, i.e., the mas, i., e., with female money, and i., e., the franshed from the 19th day of the same month.”
C. The Defendant was indicted for violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and the Seoul Central District Court sentenced a fine of KRW 1,00,000 to the Defendant on May 27, 2015 (hereinafter “Seoul Central District Court”) and the said judgment became final and conclusive as it is.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 9, 11, 12, and 14 (including additional numbers), the purport of the whole pleadings
2. According to the above facts of recognition, the defendant committed a tort against the plaintiff by using the information and communications network, and it is clear in light of the empirical rule that the plaintiff suffered from mental suffering. Thus, the defendant is obligated to pay consolation money for mental suffering suffered by the plaintiff.
Furthermore, the amount of consolation money that the Defendant shall pay to the Plaintiff is shown in the pleadings of the instant case, such as the relationship between the Plaintiff and the Defendant, the details and contents of the tort, the process and result of the instant criminal case, the Plaintiff’s age and social living relationship, and the degree of the Defendant’s endeavor for