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(영문) 서울북부지방법원 2017.01.12 2016가단101515
손해배상(기)
Text

1. As to the Plaintiff, Defendant B’s KRW 150,00 and its amount from October 5, 2013; Defendant C’s amounting to KRW 250,000 and its amount.

Reasons

1. Basic facts

A. On January 2008, the Plaintiff was convicted of indecent act by compulsion in the line of duty on the Internet media company as a reporter, etc.

나. 피고 B는, 네이버 블로그 D의 운영자가 2013. 10. 5. 위 블로그에 “E”라는 제목으로 ‘A이란 사람이 고소한다 어쩐다하는데 뭔일했음 ’이라는 글을 게재하자, 같은 날 23:31 “아마 그놈이 과거에 성범죄 저지른걸로 시작됨”이라는 댓글을 작성하여 게시하였다.

C. On February 21, 2013, Defendant C written and posted the comments on “F”, posted under the title “F” on the bulletin board of “W.bebe.com” on the website of “W.” on February 21, 2013, Defendant C written and posted the comments on “B” 19:13:43 on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 5-8 evidence, purport of the whole pleadings

2. According to the above facts of determination and conclusion, since Defendant B and Defendant C are clear in light of the empirical rule that the Plaintiff suffered emotional distress due to tort of defamation or insult, the Defendants are obligated to do so in monetaryly. In light of all the circumstances such as the Defendants’ age and occupation, the contents and circumstances of the comments posted (at the time of posting the above comments, Defendant B was high school students, Defendant C was college students, and Defendant C was also in the form of a reply to the comments, and the comments were also in the form of a reply to the comments), it is reasonable to determine the consolation money of KRW 150,000 and KRW 250,000. As such, Defendant B’s determination of consolation money of KRW 150,00 and KRW 250,000 from the following day of the above tort to October 5, 2013, and Defendant C had a duty to pay consolation money of KRW 250,000 and KRW 250,000 from the date of the above tort to the extent of performance of the duty under the Civil Act from 1213.21.

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