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(영문) 수원지방법원안산지원 2017.08.22 2016가단74395
손해배상(기)
Text

1. The Defendants each of KRW 500,000 to the Plaintiff, respectively, shall be 5% per annum from D to January 25, 2017, and the following.

Reasons

1. Fact that he/she has no dispute;

A. The plaintiff responded to the interview of MBN in relation to the structure of the sinking accident of D Sewol ferry, and the interview was broadcast on the day, and the articles related to the plaintiff were reported by many media companies.

나. 인터넷 포털 다음의 “E”라는 카페의 “F” 게시판에 D “[스크랩] [씹빨쌔끼뜰] A(도쿄 거주 교민)”이라는 제목으로 원고의 사진을 포함하여 원고에 관한 글이 게시되자, 같은 날 위 글에 피고 B은 “얘 뭐하는 애야 미친년인듯”, 피고 C은 “대단하다. 저렇게 나다니면서 주둥이 턴다고 달라지고 얻는 게 뭐지 제대로 미친년이네“라는 댓글을 각기 작성하여 게시하였다.

C. The Plaintiff filed a complaint against the Defendants as a crime of insult, and as a result, the Defendants were subject to suspension of indictment.

2. Determination as to the cause of action

A. The Defendants, who were liable for damages, committed a tort that insults the Plaintiff by posting an article that may undermine the Plaintiff’s social reputation on the Internet website bulletin board that enables an unspecified number of people to confirm the content of the posted article by accessing the said article. As such, the Defendants are obligated to compensate for mental suffering suffered by the Plaintiff in money.

B. Furthermore, the amount of damages to be paid by the Defendants to the Plaintiff shall be KRW 500,000, respectively, taking into account all the circumstances indicated in the instant pleadings, such as the contents, developments, and subsequent circumstances posted by the Defendants.

Therefore, the Defendants are obligated to pay the Plaintiff damages for delay at the rate of 5% per annum as stipulated in the Civil Act until January 25, 2017, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date, as sought by the Plaintiff from D, which is an illegal act, to the Plaintiff.

3. Thus, the plaintiff's objection against the defendants.

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