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(영문) 서울서부지방법원 2016.05.26 2015나6313
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On the Internet site world clubs (htp:/www.sdayb.com) provide a three clubs music broadcasting service for the subscribers to open a broadcasting station on an online basis and conduct music broadcasts. The Defendant is running the “E” using the above service on a member ID C (alias: D). In addition, the Defendant automatically produces and provides the Internet space, such as the subscriber’s personal homepage.

B. The Defendant’s operation of the club is operated in the form of a protocol, and the operator of the club is authorized to establish and manage the individual broadcasting station channel, to operate a bulletin board or to decide whether to allow a person to use a message to a certain extent, and to close the protocol itself.

C. On November 30, 2014, the Plaintiff posted a notice on the Defendant’s protocol to the effect that “The writing posted on Plaintiff’s protocol constitutes a personal attack against the Defendant and would help the Defendant delete it if necessary with the right to criminal treatment.” On December 4, 2014, the Plaintiff posted a notice to link the Plaintiff’s protocol address with the title “the right to delete speech vs’ freedom of expression and the function of deletion.” On December 6, 2014, the Plaintiff criticizes the Defendant’s deletion of the Plaintiff’s protocol as “F” in the Defendant’s protocol operated by the Defendant, and added the Plaintiff’s address to “the right to delete speech and the function of deletion.” The Plaintiff posted part of the above article to the same effect as the Defendant’s protocol.

The defendant deleted the above four posts posted by the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 10-1, 2, Eul evidence 11-1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment are the defendant's pro rata.

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