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(영문) 서울중앙지방법원 2019.07.16 2018나73432
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

The first instance court.

Reasons

(b) the facts of the basis;

A. On January 2018 and February 2, 2018 of the same year, the Plaintiff posted a notice using the ID called E, F, and G in the online portal site C’s share category debate room (line name: D). The notice box in the above debate room appears to have been indicated only four out of Adi, and the remainder is treated as *.

나. 피고는 원고의 게시물에서 H이라는 아이디를 이용하여 “응 느그 애비”, “아오 냄새 오지네ㅋㅋㅋㅋㅋ”, “응 그래 찌질아^^”, “찌질이가 울부짖네ㅋㅋㅋㅋㅋㅋㅋㅋ 우쭈쭈쭈” 등의 댓글을 작성하였다.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 10 through 16 (including each number in the case where there are serial numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that he had access to many unspecified persons, posted comments on the Internet website bulletin that reduces the plaintiff's social reputation, thereby insulting the plaintiff. Since the plaintiff suffered mental damage caused thereby, the defendant is obligated to compensate the plaintiff for mental damage in cash pursuant to Article 751 (1) of the Civil Act.

B. The offense of insult is established by expressing a sacrific sentiment that may undermine the social evaluation of a particular person or an organization possessing personality, and the victim should be identified (see, e.g., Supreme Court Decision 2011Do15631, Mar. 27, 2014). If, as Internet comments, it is possible to find out that the expression is categorized as a specific person in light of the contents of the expression in light of the following circumstances even if the person’s real name or real name is not expressed as Internet comments, it is difficult for the actor to, in principle, be exempted from liability for the offense of defamation or insult against a specific person.

or on the Internet.

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