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(영문) 인천지방법원 2015.06.04 2014가단259467
손해배상(기)
Text

1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from August 8, 2013 to June 4, 2015.

Reasons

1. Determination on the cause of the claim

A. 1) From August 8, 2013 to July 9, 2014, the Defendant posted the same writing as indicated in the attached Table at the group hosting room established in the smartphone Kakaox, thereby insulting the Plaintiff. 2) The Defendant was sentenced by the Incheon District Court to a fine of KRW 1,00,000 as an insulting offense.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 (including each number), the purport of the whole pleadings

B. According to the above facts, since the plaintiff suffered from mental pain due to the defendant's insult, the defendant should pay consolation money to the above mental pain. Considering the contents of the insult, the behavior pattern, the plaintiff and the defendant insulting each other, and other circumstances, the amount of consolation money shall be determined as KRW 2,00,000. Therefore, the defendant is obligated to pay to the plaintiff 5% per annum from August 8, 2013 to June 4, 2015, and 20% per annum from the next day to the day of complete payment.2) Accordingly, considering the circumstances of the case, the defendant's writing cannot be viewed as tort since the defendant's act is much more serious than the recovery and degree of the abusive theory made by the plaintiff to the defendant, and considering the circumstances of the case, the defendant's act of posting cannot be viewed as illegal acts. Thus, the defendant's assertion that the defendant's act is unlawful merely because it is not justified.

2. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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