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(영문) 서울중앙지방법원 2016.12.16 2015가단5375728
손해배상(기)
Text

1. The Plaintiff, Defendant B, and Defendant C, each of which was KRW 200,000, KRW 100,000 for Defendant C and D, and Defendant B for each of them on February 24, 2016.

Reasons

1. Facts of recognition;

A. The Defendants drafted comments on the articles listed in the [Attachment 1, 2, and 3 with respect to the Plaintiff (which are posted on the Internet portal site) as follows (in sequence, Nos. 1 through 4 comments).

The text of the text of the writing of Nos. 1 and the text of the writing is 1 defendant B E E E-1.

There was a change in attached Form 2 to the heater.

2 피고 C E 별지3기사 생긴대로 놀고있네 ㅉ ㅉ 3 피고 D F 별지3기사 G ㅋㅋㅋ 난 여지껏 얘 보면서 함도 웃은 적 없음 인간적으로 면상 목소리 몸매 하는 짓 전부 개띠껍거든

B. On November 25, 2015, the Seoul Central District Prosecutors’ Office filed a complaint against the Defendants as a crime of insult. On November 25, 2015, the Seoul Central District Prosecutors’ Office issued a disposition of suspension of indictment against Defendant C on November 30, 2015, each of the disposition of suspension of indictment against Defendant C on November 26, 2015.

[Ground of recognition] Facts without dispute, Gap 20, 24, 25 evidence, 26-1, 26-2, the purport of the whole pleadings

2. Determination

(a) The establishment (1) of the liability for damages refers to the expression of an abstract judgment or sacrific appraisal that would prejudice the people’s social assessment without revealing the facts;

According to the above facts of recognition, the Defendants committed a tort of openly insulting the Plaintiff by preparing comments 1 to 4 comments that may undermine the Plaintiff’s social reputation in the column of article comments on Internet portal site where multiple and unspecified persons can confirm the contents of the comments. Thus, the Defendants are liable to compensate the Plaintiff for mental damages arising therefrom.

(2) As to this, Defendant D argues that “G” in Defendant D’s 4, as the Plaintiff’s prevailed language, is nothing more than a separate name, and that the remainder of the article is merely a mere fluence of his own idea about the article, and it does not constitute insult. However, in light of the overall context and content of the 4th comments, the expression “G” in the 3th news article that the Plaintiff committed sexual indecent act.

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