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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from March 15, 2016 to September 14, 2017.
Reasons
Plaintiff’s assertion
During the period from October 29, 2013 to January 5, 2016, the Defendant damaged the Plaintiff’s reputation by stating false facts about the Plaintiff at the date and place indicated in the attached Table.
The plaintiff suffered mental pain due to the above tort committed by the defendant, and thus the plaintiff sought compensation for the amount of KRW 50 million as consolation money and damages for delay against the defendant.
Judgment
Facts of recognition
The following facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1 through 6, 8 through 12, and Eul evidence Nos. 2 (including branch numbers, if any), and the whole purport of the pleadings. The above recognition cannot be followed only by the statement of Eul evidence No. 1, and no other counter-proof evidence exists.
1) Around 14:00 on November 29, 2015, the Defendant damaged the Plaintiff’s reputation by referring to the false fact that “the Plaintiff was d, E, and F, at the parking lot located in Sejong-si, “the Plaintiff was 20,000 won, and was 30,000 won from time to time after receiving KRW 30,000,000.” In addition, around January 5, 2016, the Defendant refers to the Plaintiff in the place where I and six other persons are gathered at the H community hall room located in Sejong-si, Sejong-si, and “the Plaintiff was her body upon receiving KRW 10,00,00,000,000, and 300,000,000,000 won,” and “the Plaintiff got 25,500,0000,000 won,” thereby damaging the Plaintiff’s reputation.
3) The Defendant received a summary order of KRW 1 million on October 17, 2016 upon receiving the summary order for each of the above criminal facts. Accordingly, the Defendant filed an application for a formal trial with Daejeon District Court Decision 2016 Go-Ma1258, but the said court rendered a judgment of conviction of KRW 1 million against the Defendant on August 11, 2017 (the Defendant appealed and is currently pending in the trial as Daejeon District Court Decision 2017No250, Jun. 250).
(1) According to the above facts of recognition, the Plaintiff could have suffered mental pain due to the Defendant’s above defamation. Thus, the Defendant is the Plaintiff.