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(영문) 광주지방법원목포지원 2016.08.24 2015가단4090
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 and the following day shall be 5% per annum from May 15, 2015 to August 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a legal couple who has completed a marriage report with C, and the defendant is a legal couple who has completed a marriage report with D on October 9, 2007.

B. D and C were in a relationship with each other while in office as a public official belonging to the Mannam-do, and the Defendant was in a relationship with D and C. On February 2015, 2015, the Defendant filed a lawsuit against D and D seeking consolation money on the ground that “C committed an act by entering into a impergic relationship with D from 2007 to 2007, and even if D and D were to have suffered losses due to their access and suffering from the failure of a matrimonial relationship with D,” the Defendant’s claim for consolation money was made on August 17, 2016, and as a result, the Defendant (C) committed an unlawful act by the Defendant (C) on the grounds that the marital relationship between the Plaintiff (the Defendant) and D had occurred due to the birth of E and the failure of the marriage between the Plaintiff (the Plaintiff) and D, and the Plaintiff (C) paid consolation money for delay to the Plaintiff (the Plaintiff) and the Plaintiff (the Plaintiff (the Plaintiff).

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The plaintiff's assertion that the defendant spreads false facts that the plaintiff was openly free of interest and that E is not the plaintiff's child, thereby damaging the plaintiff's reputation, and the plaintiff suffered emotional distress.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the above tort.

B. Determination 1) Defamation, which is a tort under the Civil Act, refers to an act of undermining people’s social assessment by publicly alleging facts (see, e.g., Supreme Court Decision 2010Da8341, 8358, Jun. 10, 2010). The facts of the above recognition are recorded as evidence No. 2, witness F’s testimony and arguments.

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