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(영문) 서울북부지방법원 2017.12.12 2017가단130732
손해배상(기)
Text

1. The Defendants each of the KRW 200,000 to the Plaintiff, respectively, and 5% per annum from April 14, 2014 to December 12, 2017.

Reasons

1. Basic facts

A. From March 2007, the Plaintiff is a person running the “F” and the “G” as an undisclosed from the Internet Broadcasting African TV (www.afrecom) to “E.”.

나. 피고 B의 아들인 H(I생, 당시 14세)은 피고 B의 이름으로 아프리카TV 회원(아이디 ‘J’)으로 가입해 로그인한 후, 2014. 4. 5. 위 방송 채팅창에 “결론 : 저 아줌마는 민주당에 우호적이고 종북세력에다가 시뻘겋고 시뻘건 전라도의 아줌마여”라는 글을 공연히 게시하였다.

C. On April 8, 2014, Defendant C put in Africa TV with African TV members (AD hereinafter “K”), and publicly posted on April 8, 2014 a letter “A soon fluencing in the said broadcast.”

L (Ms, at the time of age 15) as Defendant D’s ASEAN subscribed as a African TV member (N) in the name of Defendant D, and publicly posted on April 11, 2014 the phrase “dred pit broadcasting” at the above broadcast hosting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 13 (including branch numbers, if any) and the purport of the whole pleadings

2. Establishment of liability for damages;

A. In the case of Defendant B and D, it is clear in light of the empirical rule that the said Defendants were publicly posted by their children as seen earlier, and it is obvious that the Plaintiff was suffering from mental suffering due to the posted comments on Internet broadcasting.

Meanwhile, pursuant to Article 755 of the Civil Act, a person who is legally obligated to supervise a minor with no capacity to assume responsibility or who supervises an incompetent person on behalf of the minor is liable to supplement the liability on the premise that the minor is not liable. In such a case, unless it is proved that the person responsible for supervision did not neglect his/her duty of supervision, he/she cannot be exempted from the liability unless it is proved that the minor did not perform his/her duty of supervision.

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