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(영문) 서울서부지방법원 2017.10.17 2016가단218723
손해배상(기)
Text

1. The Defendants jointly share KRW 15,692,048 with respect to the Plaintiff and 5% per annum from March 28, 2015 to October 17, 2017.

Reasons

Facts of recognition

The plaintiff is a person engaged in the business of "F" in Eunpyeong-gu Seoul Metropolitan Government for a trade name as "F," and the defendant B is the actual operator, the representative, and the representative of each of the above H, in relation to the trade name of "H" in Eunpyeong-gu Seoul Metropolitan Government, the reservation office of "H" in "H," the reservation office of the business entity for the pre-Marriages, the defendant C, and D.

From August 30, 2014 to March 27, 2015, Defendant B: (a) had been sentenced to imprisonment on October 21, 2015, with labor for a period of 6 months and 2 years of suspension of execution on the Internet carpet bulletin board, etc.; and (b) had been sentenced to imprisonment with labor for a period of 2 years and 2 years of suspension of execution on October 21, 2015, and the said judgment became final and conclusive around that time, by making and posting an article of slandering the said F by using one’s own land or ID, etc. as if he/she was a customer who directly experienced the said F (hereinafter “the instant article of slander”); and (c) having disclosed false facts openly through an information and communications network (hereinafter “the instant tort”).

[Based on the facts of recognition of the tort committed by Defendant B, as stated in the evidence Nos. 1, 2, and 12, and the purport of the entire pleadings, and whether tort liability is established or not, Defendant B is liable to compensate for damages arising therefrom as the tort in this case caused damage to the Plaintiff’s reputation and impediment to the Plaintiff’s Flapet project.

The plaintiff asserts that the defendant C and D's joint tort and the judgment of the joint tort are primarily or selectively asserted the defendants' collusion or joint tort with the defendant B.

According to the statement of Gap evidence Nos. 4 through 7 (including a serial number; hereinafter the same shall apply), other than the facts of the crime of the case of this case, it is also possible to use IDs presumed to be IDs for H’s employees, etc., and to post a summary of slander against other prote-type companies located in Eunpyeong-gu around around 2014 to around 2015, and write comments on the comments.

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