1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The court's explanation on this part of the occurrence of the liability for damages is the same as "1. The occurrence of the liability for damages" in the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

2. Scope of damages.

A. The Plaintiff’s assertion asserts that the Plaintiff should compensate the Defendant for the total amount of KRW 3.3 million, the attorney’s fees for filing a complaint against the Defendant due to defamation, the expenses spent as a civil or criminal procedure due to the Defendant’s defamation, and the total amount of mental damage suffered by the Defendant’s defamation.

The plaintiff did not claim a specific amount of damages claim with the exception of the attorney appointment fee of 3.3 million won.

However, in the preparatory brief of August 8, 2017, at least 3.3 million won for attorney appointment, expenses for litigation and consolation money of 1.420,000 won for the restoration of honor for 4 directors (which appears to the purport of the above materials) shall be claimed that the amount equivalent to KRW 10,720,000 should be paid to the defendant.

B. Determination 1) In full view of the description of evidence No. 1 and the purport of the entire pleadings, it is acknowledged that the Plaintiff paid attorney fees of KRW 3.3 million for the accusation of defamation case. However, if the attorney’s appointment expenses were paid to cope with unfair accusation, etc., it may be recognized that the attorney’s appointment liability is reasonable (see, e.g., Supreme Court Decision 2007Da3650, Jun. 23, 2009). However, the attorney’s appointment expenses incurred by the victim as the complainant and the agent for the accusation cannot be deemed as losses within the scope of proximate causal relation with the tort. Even if proximate causal relation exists, the other party was aware or could have known of them as damages arising from special circumstances.