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(영문) 서울북부지방법원 2018.11.29 2018나33778
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. From around 2007, the Plaintiff’s personal broadcasting (hereinafter “the instant broadcast”) is proceeding with the name “D” (F) in the name of “F” from “Africa TV”, which is the Internet’s personal broadcasting site.

나. 피고 B는 2014. 5. 16. 이 사건 방송에 접속하여 불특정 다수의 시청자들이 보고 있는 채팅창에 대화명 ’G‘로 “여기가 빨겡이 빨치산방송인가요”라는 글을 게시하였고, 피고 C은 2014. 5. 17. 이 사건 방송에 접속하여 불특정 다수의 시청자들이 보고 있는 채팅창에 대화명 ’H‘으로 “아프리카에 종북좌빨뇬이 다있네”라는 글을 게시하였다

(hereinafter referred to as “each of the instant notices”). 【No dispute exists on the grounds of recognition, the entries or images of evidence A Nos. 1, 3, and 4 (including serial numbers), the purport of the entire pleadings.

2. According to the above facts of recognition, the Defendants posted each of the instant notices that could include low-speed language in the hosting hold of the instant broadcast, which can confirm the contents of the text by accessing an unspecified number of people, or that the Plaintiff’s social evaluation would be lowered and wrong. This is obvious in light of the empirical rule that the Plaintiff suffered emotional distress. Accordingly, the Defendants are obliged to pay consolation money to the Plaintiff.

Furthermore, as to the amount of consolation money, the broadcast hold of this case posts a letter of support or opposition to a multiple number of people in real time, and the time during which each of the comments of this case was exposed to viewers is relatively short, and it seems that the possibility or influence of its dissemination is not significant. Considering the circumstances indicated in the arguments of this case, including the background leading up to the posting of each of the comments of this case, the content of each of the comments of this case, the degree of expression and quantity, etc., the Defendants shall pay consolation money to the Plaintiff.

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