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(영문) 수원지방법원성남지원 2020.10.13 2019가단225049
손해배상(기)
Text

1. The Defendant: (a) KRW 800,00, Plaintiff B, and C respectively; and (b) from October 24, 2019 to October 2020.

Reasons

1. Basic facts

A. On January 6, 2006, from October 25, 2018, Plaintiff A operated a Bochina Institute (hereinafter “instant private teaching institute”) with the trade name “E” at the Sungnam-gu correction district. Plaintiff B is the spouse of Plaintiff A, and Plaintiff C is the Plaintiff’s child.

B. The Defendant: (a) registered the first child from January 2016 to July 2017, and (b) registered the second child from December 2016 to June 2017 in each of the instant private teaching institutes.

C. Plaintiff A filed a complaint against the Defendant on charges of defamation, insult, interference with business, etc. with an investigative agency. Accordingly, the Defendant was issued a summary order of KRW 500,000 on May 7, 2019 at the Sungwon District Court Sungnam branch, which was issued a fine of KRW 500,000 due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation).

The facts constituting the offense of the summary order are defamation that the Defendant stated to the effect that, on July 27, 2018, the Plaintiff was scheduled to close down the Plaintiff’s private teaching institute with the faculty type of another private teaching institute through the Kakakakao Kakaoma, and that the Plaintiff was at the divorce crisis.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion published a letter on the Internet car page that “the Plaintiff was threatened by a private teaching institute,” and “the operation of a private teaching institute,” with respect to the Plaintiff or the instant private teaching institute, and published a false statement, such as the transfer of words to another faculty type “the president is under the winding crisis.”

Due to the Defendant’s aforementioned negative damage, students were released from the school collectively.

Ultimately, due to the Defendant’s tort, Plaintiff A discontinued the instant private teaching institute operated.

In addition, the plaintiffs are suffering from mental impulses by the defendant's illegal acts.

Therefore, the defendant, as a result of the closure of a private teaching institute, shall start a new private teaching institute and run a normal business after closure of the institute, as positive damages equivalent to the premium amounting to 24,000,000 won.

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