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(영문) 서울서부지방법원 2017.11.30 2017나37496
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. The Plaintiff is a former member of the National Assembly and was an attorney-at-law who contributed to the program of a number of broadcasting companies.

B. The Defendant prepared and posted the following comments on news articles in the title D, “D” provided in the CNA News:

At around 16:53, the content of the temporary comments C 16:53, which was sent to the end of the end of the time and was waiting for the time of the denial of her husband's intimidation, and even when anyone who was a criminal offender in the Donan Island, even though he was waiting for the other party to commit an unlawful act, c 17:40 on the 17:40 on the day when he was added to the other party to commit an unlawful act.

맞아서 고소한 꼴이네 군대서 후임패서 고소당해 아나운서 걸레라고 말해 고소 당해 남의 아내랑 데면데면해서 고소당해 인간쒸레기 [인정근거] 다툼 없는 사실, 갑 제4, 16호증의 각 기재, 변론 전체의 취지

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion argues that the Defendant committed a tort that insults the Plaintiff, stating malicious comments on the article related to the Plaintiff, and accordingly, the Plaintiff suffered emotional distress due to the spread of negative perceptions on the part of the public who read the comments to the public. Therefore, the Plaintiff is liable to pay 1.5 million won as compensation for mental damage and the delay damages to the Plaintiff.

B. Even in a case where a written determination contains an insulting expression, in light of the motive, circumstance, and background behind the posting of the written text, the overall purport of the written text, specific method of expression, logical and objective validity of the premised fact, the weight of the insulting expression in the entire text, and the relation between the overall contents of the written text, it is reasonable to determine the relevant facts or surrounding issues on the premise that the written text is objectively reasonable.

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