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(영문) 서울중앙지방법원 2018.09.05 2018나19179
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

(a) E: on January 19, 2016, 18:26, “E” in his/her Facebook account;

A. anywhere, women, E and friendly Gu shall assist those women in their saves.

”라는 내용의 글을 게시하면서 원고가 원고의 페이스북에 게시한 원고의 글과 원고의 사진들을 스크랩하여 게시하였다. 나. 피고는 2016. 1. 19. 18:29 위 게시글에 대한 댓글로 “존나생긴건 이미탈닝겐수준에서 저기안드로메다에서온 대가리가 몸뚱이보다큰 천재소년지미뉴트론같이 생긴년이 그냥제발꺼져라 길가다마주치면 스크류펀치로 탈지구시켜벌라"는 글을 게시하였다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3, entry of Gap evidence 1 and purport of whole pleadings

2. According to the above facts of recognition, the defendant has a duty to pay consolation money to the plaintiff, since it is recognized that the defendant has committed a tort that insults the plaintiff by posting comments, including a Maternal expressions against the plaintiff and a Maternal ascendant or descendant who criticizes the plaintiff.

In addition, the amount of consolation money shall be set at KRW 500,000, considering all the circumstances shown in the argument of this case, such as the content, the reasons why the comments posted by the defendant, the circumstances after the posting, etc.

Therefore, from January 19, 2016, which was the date of tort, the Defendant is obligated to pay to the Plaintiff 50 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act from September 5, 2018, which is the date of this decision, until September 5, 2018, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit, and it exceeds the above scope of recognition among the judgment of the court of first instance.

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