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(영문) 서울북부지방법원 2018.05.25 2017가단132837
손해배상(기)
Text

1. The Plaintiff; Defendant C is KRW 100,000; Defendant D and E are KRW 200,000, respectively; and each of them is from December 14, 2013 to May 14, 2018.

Reasons

1. Facts of recognition;

A. From March 2007, the Plaintiff is running a personal broadcast (hereinafter “instant broadcast”) called “G(H)” from the Africa TV (www.afrec.com) (www.com), which is the Internet personal broadcasting site, as the clinic of “F,” from March 2007. The Defendants are subscribed to African TV in their respective names.

B. Defendant B, D, and E connected to the instant broadcast, posted the following articles on the hosting windows reported by many and unspecified viewers. Meanwhile, Defendant C’s children I (SI May 1998) written and posted the following articles using Defendant C’s ID.

The contents of the notice of the name of a member who subscribed to AD on November 8, 2013 by JJ as of November 8, 2013, or he or she has a good reason to do so.

머리골빈애들 선동질하지말고 2 2013. 11. 9. K 피고 C F 빨갱이 3 2013. 12. 9. L 피고 D F 빨갱아너도 M랑 묶어서 총살당해야되♡아 4 2013. 12. 9. N 피고 E 어휴 이런좌빨방송이아직도설치고있네 빨갱이 그튼년 [인정근거] 피고 3 : 자백간주 피고 1, 2, 4 : 다툼 없는 사실, 갑 제1 내지 4호증, 갑 제7, 8호증(가지번호 포함)의 각 기재, 변론 전체의 취지

2. Occurrence of liability for damages;

A. As above, Defendant C’s claim is obvious in light of the empirical rule that Defendant C’s claim was made by putting a notice on the hosting hold of the instant broadcast that allows an unspecified number of people to verify the content of the text, and thereby insulting the Plaintiff by publicly expressing sacrific sentiment against the Plaintiff. This is obvious in light of the fact that the Plaintiff suffered emotional distress.

In accordance with Article 755 of the Civil Code, a person who is legally obligated to supervise a minor with no capacity to assume responsibility, or a supervisor of an incompetent person on behalf of the minor is liable to supplement the liability on the premise that the minor is not liable. In such a case, the person responsible for supervision has not neglected the duty of supervision.

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