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(영문) 서울북부지방법원 2020.06.16 2019가단113229
손해배상(기)
Text

1. The Defendants each KRW 100,000 to the Plaintiff, respectively, and Defendant B from March 31, 2017 to Defendant C, and Defendant C from April 2, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From around 2007, the Plaintiff’s personal broadcasting (hereinafter “the instant broadcast”) is proceeding with “E” as “E” in the Internet’s personal broadcasting website (D).

B. The Defendants connected to the instant broadcast and posted a letter (hereinafter “each of the instant notices”) as shown in the attached list on the hosting windows reported by many and unspecified viewers.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 13 (including paper numbers), the inquiry result of this court's inquiry into D Co., Ltd., the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants posted each of the instant notices that could include low-speed language in the hosting hold of the instant broadcast, which can confirm the contents of the text by accessing an unspecified number of people, or that the Plaintiff’s social evaluation would be lowered and wrong. This is obvious in light of the empirical rule that the Plaintiff suffered emotional distress. Accordingly, the Defendants are obliged to pay consolation money to the Plaintiff.

Furthermore, with respect to the amount of consolation money, the Minister of Health and Welfare shall determine consolation money to be paid by the Defendants to the Plaintiff as KRW 100,000, respectively, in consideration of the following: (a) the time when each of the instant comments was exposed to viewers is relatively short; (b) the possibility or influence of dissemination thereof was not significant; and (c) the background and content of each of the instant comments posted by the Defendants;

Therefore, the Defendants are obligated to pay the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from March 31, 2017 to Defendant B, which is an illegal act, and from April 2, 2017 to April 16, 2020 to June 16, 2020, respectively, the Defendants’ dispute over the existence and scope of the Defendants’ obligations to perform as damages for delay calculated by the rate of 12% 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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