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(영문) 서울서부지방법원 2017.07.18 2016가단18688
손해배상(기)
Text

1. The Defendant’s KRW 3,00,000 and the Plaintiff’s annual rate of KRW 5% from July 13, 2013 to July 18, 2017.

Reasons

1. Facts of recognition;

A. A. On July 2013, the Plaintiff visited a car page working for D, a branch, during the period of practice of students as a middle school teacher at a master school, and was considered to have known the Plaintiff’s Handphone number at the time of his/her request.

B. Since then, the Defendant, who is presumed to be E’s annual or spouse, uses the clinic called “F” on July 13, 2013, “F” and refers to the Kakaoto, which is a social network service of the Plaintiff.

3. Summary of secrecy on the world.

The young and lele dyp hyp hyp hyp

‘The comments on the comments' were posted.

C. The Defendant was convicted of damaging the Plaintiff’s reputation by revealing false facts through the preparation and posting of the above comments, and the judgment became final and conclusive upon conviction of a fine of KRW 1 million due to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. of the Seoul Central District Court Decision 2014Da4571.

At that time, the Defendant sent the Plaintiff’s Kakaox message to the Plaintiff’s Handphone to the effect that “I am kn’t kn’s kn’s kn’s kn’s kn’s kn’t.

[Ground of recognition] Witness D's testimony, Gap's evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, it is confirmed that the plaintiff suffered mental distress due to the defendant's tort such as defamation, etc., and the defendant is obligated to compensate the plaintiff for the damage, barring any special circumstances.

B. As to the amount of consolation money, the amount of consolation money to be paid by the Defendant to the Plaintiff is reasonable in determining it as KRW 3,00,000, in full view of the following circumstances: (a) the Plaintiff’s status at the time of the instant case; (b) the motive or background of the Defendant’s tort; (c) the degree of spreading comments made by the Defendant; (d) the degree of honor infringed upon the Defendant’

(c).

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