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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is a number of persons working under the name of “C”.
B. On February 19, 2018, on the Internet “D” website, the Plaintiff’s writing containing the Plaintiff’s “E” singing of “E” (hereinafter “instant notice”) was written on the instant notice stating that “C is not a person who creates and gives public notice of social low issues.”
C. On February 20, 2018, the Defendant written the Defendant’s answer to the comments on the said comments (hereinafter “instant comments”). “The Defendant dumbly shotly shotly shotly shote and shotly shote (hereinafter “instant comments”).
On April 24, 2018, the defendant was ordered to suspend indictment against the plaintiff from the Seoul Central District Prosecutors' Office on the offense of insult against the plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion constitutes a tort against the Plaintiff, since the Defendant’s act of posting the instant comments on the Internet website that may undermine the Plaintiff’s social reputation by accessing multiple unspecified persons, and accordingly, the Defendant is obliged to pay 3,000,000 won as consolation money for mental suffering suffered by the Plaintiff, as well as damages for delay.
B. The posting of the comments in this case refers to the expression of an abstract judgment or sacrific sentiment that could undermine the people’s social assessment without indicating facts, whether the posting of the comments in this case constitutes a tort that insults the plaintiffs.
Therefore, if any expression is not likely to undermine the social evaluation of the other party’s personal value, such expression was expressed in a somewhat intangible manner.
However, it is difficult to view such fact as an insult.
Supreme Court Decision 2017Do2661 Decided November 29, 2018, etc.