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(영문) 서울중앙지방법원 2018.05.15 2013가단222436

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 26, 2013 to May 15, 2018.

Reasons

1. Determination on the main claim

A. The plaintiff's assertion that the defendant posted false facts in attached Form 2 to the information and communications network as shown in attached Table 1 List, thereby impairing the plaintiff's reputation. Thus, the defendant shall compensate for damages suffered by the plaintiff for consolation money 100 million won in accordance with tort liability under Article 750 of the Civil Act.

B. According to the overall purport of Gap evidence Nos. 1 through 10, Eul evidence No. 18, Eul evidence No. 31, and Eul evidence No. 31, during the period from around 1985 to 1989, during which the plaintiff conspireds with the defendant, he/she would be habitually aware of the defendant's physical family violence, such as sexual intercourse, sexual assault, etc., or had the defendant suffer from high-robbris, although he/she did not have suffered from high-robris, he/she would be aware of the defendant's defamation from July 23, 2013 (attached Form 1 No. 1, " July 25, 2013" to the effect that "No. 2013, Jul. 26, 2013," and "No. 1, 2013," and "No. 1, 1, 2013.

[Defendant is liable for imprisonment with or without prison labor for not more than three years, or for a fine not exceeding 20 million won, due to a crime that defames the Plaintiff by posting the aforementioned false information in an information and communications network on August 28, 2013 and September 2013, and thereby impairs the reputation of another person by openly revealing the facts in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation), which was partially amended by Act No. 12681, May 28, 2014).

(2) A false information shall be openly made through an information and communications network with intent to defame any person.