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(영문) 수원지방법원 2019.04.24 2018나66357
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 1,00,000 against the Plaintiff and its related thereto, from May 5, 2017 to April 24, 2019 against the Defendant.

Reasons

1. The Plaintiff’s assertion on October 2013, the Defendant: (a) posted the Cuniversity website on which the Plaintiff and the Defendant are attending, and on February 2019, posted false facts on several occasions, thereby damaging the Plaintiff’s reputation or insulting the Plaintiff; (b) around January 26, 2018, the Plaintiff publicly insulting the Plaintiff.

Since the plaintiff suffered mental pain due to the above acts by the defendant, the defendant is obligated to pay the plaintiff a solatium of KRW 5,000,000 and delay damages.

2. Determination on the cause of the claim

A. According to the overall purport of the statements and arguments in Gap evidence Nos. 4, 5, 16, 66, and Eul evidence Nos. 8 (including the number of pages; hereinafter the same shall apply) and Eul evidence Nos. 19, 22, 23, 24-2 and 3, 27, and 29, the defendant posted a notice to the same effect as “the fact that the defendant of the plaintiff's assertion stated in the free bulletin board” on the Internet.

According to the above facts of recognition, the defendant posted the above writing, thereby impairing the plaintiff's honor or insulting the plaintiff.

Since it is clear in light of the empirical rule that the plaintiff suffered mental suffering, the defendant is obligated to pay consolation money to the plaintiff.

(B) As to the amount of consolation money for emotional distress caused by tort within the scope of liability for damages as set forth in the table below, the fact-finding court may determine it at its own discretion, taking into account all the circumstances (see, e.g., Supreme Court Decision 2004Da66001, Jun. 23, 2005; 2004Da66001, Jun. 23, 2005; 3).

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