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(영문) 서울중앙지방법원 2015.12.23 2015나53161
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

Facts of recognition

The Plaintiff served as the representative of C Association, an animal protection organization, from August 31, 2002 to July 2013.

In this article, the Defendant posted a statement on the “E” bulletin board, which is a website, stating that “The low weather year is clear several times,” which is compared to the her husband, is less than dially dial-a-the-job dial-the-job dial-the-job dial-the-job dial-year dial-the-job dial-year dial-year dial-year dial-year dial-the-day dial-day dial-off.”

The Defendant was indicted for committing an offense of insulting the Plaintiff by posting the above comments on the Internet website bulletin board as Cheongju District Court Decision 2013 High Court Assistance No. 2013 high-level3583, and was notified of a summary order of KRW 500,000 on April 2, 2014. The above summary order became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, and the purport of the entire argument as to the grounds for a claim as a whole. According to the above facts, the defendant used a language that may undermine the plaintiff's social reputation by accessing many unspecified persons, and insult the plaintiff on the Internet website bulletin board that enables confirmation of the contents of this article, and it is obvious in light of the empirical rule that the plaintiff suffered mental suffering. Thus, the defendant is obliged to pay the plaintiff the above damages with money.

Furthermore, if the amount of consolation money is considered in light of various circumstances shown in the arguments of this case, such as health team, the content, purpose, and method of writing posted by the defendant, it is reasonable to determine consolation money as KRW 500,000.

Therefore, from October 8, 2012, which was the date of tort, the Defendant’s claim against the Plaintiff regarding the existence and scope of the obligation, 5% per annum as stipulated by the Civil Act from September 9, 2015, which was the date of the first instance judgment, and 20% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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