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(영문) 서울중앙지방법원 2017.11.29 2016가단5148053
손해배상(기)
Text

1. The Defendant’s KRW 300,000 and the Plaintiff’s annual interest thereon from January 29, 2015 to November 29, 2017.

Reasons

Considering the overall purport of Gap evidence 1, 2, and Gap evidence 4-1, 2, and 3, the defendant, on January 29, 2015, up to the overall purport of the arguments and arguments, he may recognize the fact that the defendant, by accessing the African TV Crop operated by the plaintiff, posted a letter "Isket will string a national pattern because it is a seed maddy such as an American mental disorderr, and string a eye at Nowon-gu in the open-gu."

The above article posted by the defendant is clear in light of the empirical rule that the plaintiff suffered from mental suffering as a content of insulting the plaintiff, and the defendant is obligated to pay consolation money to the plaintiff's mental suffering. Considering the contents of the article posted, the reasons why the article posted, and all other circumstances shown in the arguments, it is reasonable to determine consolation money amount to 300,000 won.

Therefore, the defendant is obliged to pay to the plaintiff 30 million won consolation money and 15% interest per annum under the Civil Act from January 29, 2015, which is the date of tort, to November 29, 2017, which is the date of this decision, to the extent that there is an obligation to pay to the plaintiff 300,000 won consolation money and the amount equivalent to 15% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no ground.

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