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(영문) 서울중앙지방법원 2018.11.30 2018나26320
손해배상(기)
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff operated a personal broadcasting station under the name of “D”, which is an Internet personal broadcasting service operated by C, from February 2007 to “E”, the title “F” and “B”.

B. The Plaintiff’s life broadcasts are broadcast from 11:0 a.m. to 2:0 p.m., Tuesday to 2:00 p.m., from 2:00 p.m., from 2:0 p.m. to 5:0 p.m., re-broadcastings during the remainder of time. The number of viewers is 3,00-4,000 p.m., and 1,000 p.m. for re-broadcastings, and 300-60 p.m. for late night or new wall hours, and the Plaintiff’s address, telephone number, e-mail, etc. are disclosed on the page of “F.”

C. On September 19, 2014, the Defendant connected Adididi who was subscribed to the Defendant’s name, and posted a letter “D” to the above F’s hosting room operated by the Plaintiff, stating that the Defendant “I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements and images of Gap's evidence 1 to 3 (the evidence number includes each number), the fact inquiry inquiry report to Gap's company, the purport of the whole pleadings

2. Establishment of liability for damages;

A. In light of the facts acknowledged in the above basic facts, the contents of the Plaintiff’s broadcast, the context and method of expression posted by the Defendant, and the motive of posting comments, etc., the Defendant recognized the fact of openly slandering and insulting the Plaintiff through a private broadcast station hold held by a large number of unspecified people, and thereby, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress. Therefore, the Defendant is liable to compensate the Plaintiff for mental distress suffered by the Plaintiff, barring any special circumstances.

B. As to this, the Defendant does not call the above comments to insult the Plaintiff, but has the ID of “H..” and “I....”.

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