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(영문) 서울중앙지방법원 2020.08.12 2017가단5202640
손해배상(기)
Text

1. Defendant D, E, F, and G jointly share the Plaintiff with KRW 2,50,00,000 and their interest from June 3, 2016 to August 12, 2020.

Reasons

1. Basic facts

A. He is a religious organization created by I around 1962, and whose father is one of his father, J is replaced by one of his mother, observe Saturdays, observe Saturdays, and comply with the season, such as the wintering, etc.

B. I died on February 25, 1985, and was buried in the L Park Cemetery located in Gyeongsansan (the present representative of the H Institute shall be K), and the Plaintiff is a child of I and his spouse.

C. The Defendants are members of “N” Internet Pcaf and “O” Internet Pcaf, and Defendant B concurrently serves as an operator of “N” Internet Pcaf.

Defendant D, E, F, and G made up a notice with the same content as indicated in the list of illegal acts (hereinafter referred to as “each of the instant notices”) on each of the above Internet page, etc. using “P (Pivate Family Heading, hereinafter referred to as “AD”)”, a group ID sharing in the above Internet page, etc.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-4, the purport of the whole pleadings

2. The Defendants asserted that they jointly posted each of the instant notices. Accordingly, they infringed on the Plaintiff’s honorary sentiment and memorial sentiment on I’s children, and since such infringement constitutes a tort, the Defendants are liable to pay to the Plaintiff a total of KRW 56,00,000 per notice and damages for delay.

3. The Plaintiff’s tort alleged by the Plaintiff is the posting of each of the instant notices posted by the NAP, which was registered with the NAB, and Defendant B and C did not participate in the above posting, and Defendant D, E, F, and G did not dispute the posting of each of the instant notices itself. Thus, the determination is based on such premise.

(The judgment of Defendant D, E, F, and G is subject to paragraphs (b) through (e) below.

Defendant B and C (Defendant B’s ID) solely based on the evidence submitted by the Plaintiff, Q.

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