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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 31, 2015, at around 04:00, the Plaintiff, who was a foundation film with the Plaintiff, was under the influence of alcohol and placed a taxi with the neighboring people, and in this regard, the Plaintiff posted an article “C” along with a video containing the Plaintiff’s vision on the Internet portal site.
On August 19, 2015, the Defendant posted the comments on the above Internet Articles (hereinafter referred to as the “instant comments”) as “finite or finite finite finite finite finite finite finite finite finite.”
The plaintiff filed a complaint against the defendant under suspicion of insult, but the court of the claimant's prosecutor's office rendered a non-prosecution disposition on April 12, 2016 on the ground that the defendant's posting of comments on comments does not violate social rules and is not illegal.
[Ground of recognition] Unsatisfy, Gap 11, 24 evidence, the purport of the whole pleadings
2. The plaintiff asserts that since the defendant's writing of this case is a tort that insults the plaintiff and caused mental pain to the plaintiff, the defendant is obligated to pay mental pain to the plaintiff in money.
Even if an expression used in this case’s writing constitutes an intangible expression that can make a person hear, it is difficult to view it as an expression that may undermine the social evaluation of the Plaintiff’s personal value.
In addition, in light of the Plaintiff’s social status, the article containing the instant comments, the content of the Plaintiff’s act, and the words used in the instant comments, etc., it is difficult to view that the Defendant’s act of writing the instant comments is an unlawful act as much as the Defendant bears the duty of compensation for damages.
3. In conclusion, the plaintiff's claim of this case is without merit without examining the amount of damages.