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(영문) 대전지방법원 2018.09.11 2018나112
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

The Defendant’s occurrence of the liability for damages, as indicated in the separate sheet, posted a letter “C” and “D” to insult the Plaintiff on his/her own blogs, and posted a letter to the E “E” by using the “E” D”, as indicated in the separate sheet, is not in dispute between the parties, or recognized by considering the overall purport of the pleadings in each of the statements in Gap’s Nos. 1, 2, 3, 6, and 7.

As such, the defendant is liable to compensate the plaintiff for mental damage caused by the above illegal act, since the defendant unlawfully insultings the plaintiff as above.

In full view of all the circumstances shown in the arguments in the instant case, such as the scope of compensation for damages, the period and frequency of insult, the means used for insult, the degree of mental suffering of the Plaintiff due to the Defendant’s tort, etc., the consolation money shall be set at 3,00,000 won

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay as set forth in the Civil Act from December 31, 2013 to December 13, 2017, the date of the first instance judgment, which is the date of the decision of the court of first instance, to December 13, 2017, 5% per annum under the Civil Act, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit.

The judgment of the court of first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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