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(영문) 서울서부지방법원 2016.06.02 2015가단234018
손해배상(기)
Text

1. The Defendant shall pay KRW 1,500,000 to the Plaintiff as well as 5% per annum from D to June 2, 2016 and from the following day.

Reasons

1. The Plaintiff is the reporter of E, and the proprietor of the “F” used the title “G” in the “D Internet community website website to capture and post two articles written and published by the Plaintiff on the “G” bulletin board of the “W” store, and the Defendant prepared and posted the comments “H” around 17:02 on the same day may be recognized by the statements in the evidence No. 1-2 and No. 3.

According to the above facts of recognition, the defendant insultings the plaintiff by using a language that may undermine the plaintiff's social reputation on the bulletin board of the Internet daily storage site where many unspecified persons can confirm the contents of writing by accessing it, and it is evident in light of the empirical rule that the plaintiff suffered mental pain. Thus, the defendant is obliged to pay the plaintiff the above damages in money.

Therefore, the defendant, even though there is no relation with the plaintiff, reported the contents of the article prepared by the plaintiff and posted the comments containing the statement of the plaintiff's desire to commemorate the plaintiff's mother's sexually, the Internet daily storage site where the defendant posted comments on the comments, is doing activities by multiple members, and the notices can be viewed as not joining the above site, and the defendant did not have made an endeavor to recover from damage until the lawsuit of this case. In light of the circumstances shown in the arguments of this case, it is reasonable to determine the amount of consolation money to be paid by the defendant to the plaintiff as KRW 1,50,000, the amount of consolation money to be paid to the plaintiff is determined as 1,500.

Therefore, the defendant is obligated to pay to the plaintiff 1,50,000 consolation money and the damages for delay calculated by each ratio from D, which is the date of tort, to June 2, 2016, which is the date of this judgment, 5% per annum, 15% per annum from the next day to the date of full payment, and 15% per annum.

2. Some of the Plaintiff’s claims are accepted.

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