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(영문) 인천지방법원 2019.06.26 2018가단206126
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. At around 01:00 on May 29, 2017, the Defendant: (a) applied the “E Animal Hospital” on the first floor of the building D in the Nam-gu Incheon Metropolitan City where the Plaintiffs operate; and (b) had the Plaintiff receive medical treatment for the companion dog.

B. On June 16, 2017, the Defendant posted a notice on the bulletin board of the Gyeonggi-do Gafbook (hereinafter “G Kafbook”) of the Internet FFC (hereinafter “G Kaf”), a notice of the content indicated in paragraph (1) of the attached Table 1 (hereinafter “C 1”) and comments on the bulletin board of the H Kaf (hereinafter “H Kaf”), as well as a notice of the following: (a) a notice of the content indicated in paragraph (1) of the attached Table; and (b) a notice of the comments and comments on the bulletin board of the H Kaf (hereinafter “H Kaf”);

(hereinafter collectively referred to as "each of the instant comments and comments"). 【No dispute exists with the ground of recognition, each entry of Gap evidence Nos. 1 through 3 (including the number of each number), the purport of the entire pleadings.

2. Whether defamation constitutes tort

A. The Defendant asserted that the Plaintiffs infringed the Plaintiffs’ honor by posting each of the instant comments and comments on G Kapets and H Kapets by expressing false facts.

Therefore, 1.5 million won each damages claim against the plaintiffs' mental suffering.

B. 1) In order to establish tort by defamation of the relevant legal principles, the victim must be identified, but it does not necessarily require a person’s name or organization’s name at the time of specifying the specific act. Even if a person’s name is not indicated or two letters or initials are used, if it is possible to find out the identity of the victim when considering the contents of the expression in light of the surrounding circumstances, the victim’s identity is specified (see Supreme Court Decision 2000Da50213, May 10, 2002). 2) In the case of posting, writing, and writing comments 1 and comments 1, as seen earlier, the Defendant posted on G car page.

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