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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. From around 2007, the Plaintiff’s personal broadcasting (hereinafter “the instant broadcast”) is proceeding from around 2007 to “C” from “Africa TV” as the Internet’s personal broadcasting site.
B. On August 1, 2013, the Defendant, by accessing the instant broadcast, posted a letter “F” to read “F” as a dialogous name in the hosting hall that is reported by many unspecified viewers.
(hereinafter referred to as “instant notice”). 【No dispute exists on the ground of recognition, entry of A’s evidence No. 1, evidence No. 8-1 and 2-2, the purport of each video and the whole pleadings.
2. According to the above facts of recognition, the defendant has the duty to pay consolation money to the plaintiff, since it is obvious in light of the empirical rule that the plaintiff has suffered emotional distress by posting the notice of this case containing a indecent language in the hosting hold of the broadcast of this case, which can confirm the contents of the writing by accessing many unspecified persons, and that the plaintiff has suffered emotional distress.
Furthermore, as to the amount of consolation money, the broadcast hold of this case posts a letter of support or opposition in the short of real time, and it seems that the time during which the comments of this case were exposed to viewers is relatively short, and thus the possibility or influence of its dissemination is not significant. Considering the various circumstances indicated in the arguments of this case, such as the background leading up to the notice of this case, the degree of expression and the amount of expression, it is reasonable to determine consolation money to be paid by the Defendant to the Plaintiff as KRW 200,000.
Therefore, from August 1, 2013, which was the date of tort, the Defendant’s defense against the Plaintiff as to the existence and scope of the Defendant’s performance obligation is 5% per annum as stipulated by the Civil Act until June 8, 2017, which is the date of the first instance judgment, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.