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(영문) 서울서부지방법원 2018.07.17 2017가단236100
손해배상(기)
Text

1. The Defendants’ respective KRW 200,000 per annum from April 20, 2014 to July 17, 2018.

Reasons

1. Facts of recognition;

A. On April 18, 2014, the Plaintiff had an interview with the general programming channel B press in relation to the structure of the sinking accident of the Sewol ferry. The interview was broadcasted on April 18, 2014, and the articles related to the Plaintiff were reported by several media organizations.

B. The Defendants prepared and posted comments on each of the relevant Internet bulletin boards, etc. (hereinafter “instant bulletin board”) on each of the following dates:

피고 일시 아이디 (대화명) 인터넷 게시판 내용 C 2014. 4. 20. H 인터넷 포털 다음 카페 게시판 와 개미친년한테 속을뻔했네 D I 진짜 어마어마한 썅년이네 E J 저년 진짜 잡아다죽이던지 감방에 가두든지 해야 할 것 같음 저 미친년 진짜 F K ㅋㅋㅋㅋㅋㅋ존나방방ㅋㅋㅋㅋㅋㅋㅋㅋㅋ개년 G L 미친년 존나부지런해

C. Meanwhile, on the other hand, the Plaintiff was indicted on January 9, 2015 on the charge of impairing the honor of the Commissioner General of the Korea Coast Guard by openly pointing out false facts with respect to the interview with the media and the above interview, but was acquitted on January 9, 2015. The Prosecutor appealed to the Gwangju District Court 2015No200 and the indictment was modified, but the said court acquitted the Plaintiff on September 1, 2016.

[Ground for recognition] Each entry of Gap 1 through 17 (including those with a serial number; hereinafter the same shall apply) and the purport of the whole pleading

2. According to the occurrence and scope of liability for damages, the Defendants committed a tort that insults the Plaintiff by posting a notice on the bulletin board of this case where multiple unspecified persons can confirm the contents of this article, thereby impairing the Plaintiff’s social reputation. Therefore, pursuant to Article 751(1) of the Civil Act, the Defendants are obliged to pay emotional distress suffered by the Plaintiff in money.

Furthermore, the Defendants shall compensate the Plaintiff.

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