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(영문) 서울북부지방법원 2018.08.14 2017가단130916
손해배상(기)
Text

1. The Plaintiff, Defendant E, F, and G, each of KRW 100,000, Defendant C, and D, each of KRW 200,000, and Defendant H’s KRW 600,000, and each of the above.

Reasons

1. Basic facts

A. From February 2007, the Plaintiff is a person operating “J” and “K” as the clinic from the Internet Broadcasting African TV (www.afrecom) to “I” from February 2007.

B. The Defendants have subscribed to African TV as a member, and thereafter, from April 30, 2014 to the same year.

5. From July to July, the Plaintiff publicly posted the same article as what was written in the [Attachment] Contents to be posted to the J-S-S-S-S-S-S-S-S-S-S-A

[Ground of recognition] Defendant B and E: without dispute, entry of No. 7-1, 2, and 10-1 and 2-2, and the remainder of the Defendants: each confession.

2. According to the facts of recognition as to the claim against the remaining Defendants except Defendant B, the contents of the above temporary Plaintiff’s broadcasting, the text and expressions posted by the Defendants (excluding Defendant B; hereinafter the same shall apply), it is recognized that the Defendants were insulting the Plaintiff by openly posting the above contents, and thereby, the Plaintiff was obviously suffering from mental pain in light of the empirical rule. Accordingly, the Defendants are obliged to compensate the Plaintiff for damages therefrom.

Furthermore, in light of all the circumstances revealed in the arguments in the instant case, including the content and degree of insult by the Defendants, the number of viewers, the motive of expression, the age of the Plaintiff and the Defendants, career, and family relation (in particular, Defendant E appears to have an attitude to commit the Plaintiff by attending this court at the time of the aforementioned notice), the amount of consolation money to be compensated by the Defendants shall be determined as KRW 100,000 for each of the Defendant E, F, and G, Defendant C, and D, KRW 200,00 for each of the 200,000 for each of the 200,000 won

Therefore, as consolation money to the Plaintiff, Defendant E, F, and G are 100,000 won each, Defendant C, and D are 200,000 won each, Defendant H is 600,000 won each, and each of the above amounts is 5% per annum under the Civil Act from May 7, 2014 to August 14, 2018, which is the date of this judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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