1. The Defendant’s KRW 20 million to the Plaintiff and 5% per annum from December 7, 2012 to June 20, 2018.

1. Facts of recognition;

A. The Plaintiff, by May 2012, was engaged in political activities, such as joint representatives of the C Party, and went out as a C Party representative under the D-Date E-Election Act. In relation to the above election, on September 25, 2012, the withdrawal declaration was made, and resigned from the candidate on December 16, 2012.

B. On the other hand, the Defendant served as the president from February 12, 2009 to March 21, 2013. It means: (a) disseminating opinions on the support of the president or a woman for the president or a political party; (b) and (c) ordering the F to gather comments on the opposition party or the opposition party in the field of the camping party or the opposition party; and (d) posting the same writing as in the attached Form that slanders the Plaintiff on seven occasions from September 25, 2012 to December 7, 2012 for the purpose of the Plaintiff’s defeating in the election of D date E, or posting the tweet of another person’s tweet on one’s own account.

C.

The defendant violated the F law by taking advantage of his position, including the above act, by committing a political intervention, and also violated the Public Official Election Act by taking advantage of his position as a public official prohibited from election campaign. The Seoul High Court sentenced 2015No1998 Decided August 30, 2017 to 4 years of imprisonment, and the above High Court's decision was finalized by dismissal of appeal by the Supreme Court.

【Ground for Recognition: Facts without dispute, entries in Gap evidence 8, 9 and 11, and purport of the whole pleadings

2. The assertion and judgment

A. (i) The establishment of the right to claim damages cannot be deemed unlawful solely on the ground that the expressive person expressed critical opinions against others. However, if the form, content, etc. of an expressive act falls under a personal attack that is insulting and disavated, or infringes on the personal right by publishing distorted facts going beyond a certain degree of exaggeration as to another person’s personal affairs, such act may constitute tort.

(See Supreme Court Decision 2005Da65494 Decided April 9, 2009). This is based on these legal principles.