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(영문) 서울동부지방법원 2019.07.03 2018나26033
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the plaintiffs falling under the following amount shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff church is a religious organization established by E around 1964, and as a member of the religious organization, the Plaintiff church is to believe, to be a “permanent mother,” to be a “permanent mother,” to observe the Saturdays, to observe the Saturdays, and to observe the season, such as wintering, etc.

Plaintiff

After the death of E in 1985, the church is continuing its mission activity with the plaintiff C as the general meeting leader.

B. The defendant is each member of "F (hereinafter "F") and "G (hereinafter "G") established in I, an Internet site, and is the joint representative of G, and the former part is the trust of the plaintiff church.

C. The Defendant, as indicated in attached Form 1 “Attachment 1” (hereinafter “attached Form 1”), accessed F and G carpets from March 25, 2013 to November 19, 2013, posted 29 times to the Plaintiff church, 7 times to Plaintiff B, and 6 times to Plaintiff C.

The defendant, as shown in the attached Form 2’s list of demonstrations, such as diskettess (hereinafter referred to as “attached Form 2”), took part in a scamp or setting up a banner in the red-in zone, etc. over 10 times from March 29, 2014 to August 16, 2014.

E. The Defendant, as indicated in the “Attachment 3” list of recorded files” (hereinafter “Attachment 3”), reproduced a telephone conversation file with Plaintiff B and H on seven occasions from January 10, 2015 to January 31, 2015 at the demonstration site of Dongjak-gu Seoul, etc., Dongjak-gu, etc.

[Ground of recognition] Facts without dispute, Gap 5 through 9 (including each number, hereinafter the same shall apply), Eul evidence 7, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiffs’ personality rights were infringed upon by the Plaintiffs’ assertion 1 by accessing I’s F and G car page from March 25, 2013 to November 19, 2013, and posting 29 times for the Plaintiff church, 7 times for Plaintiff B, and 6 times for Plaintiff C, thereby infringing the Plaintiffs’ personality rights.

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