1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next shall be cancelled.

1. Facts of recognition;

A. At around C02:05, the Nonparty posted a letter as “D” on the Internet website’s daily bebast storage (www.be) and added a letter written by the Plaintiff as “E light F,” and the Defendant written up and posted the comments in C02:25, stating that “F respect or Ograe spa.”

B. On May 7, 2015, the Defendant received a summary order of KRW 300,000 as a charge of insult (Seoul District Court Decision 2015 High Court Decision 2015 High Court Decision 2025). The said order became final and conclusive around that time.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. According to the above facts of recognition, the defendant used a indecent language on the bulletin board of the Internet site where many unspecified persons can confirm the contents of writing, thereby insulting the plaintiff. Since it is evident in light of the empirical rule that the plaintiff suffered mental pain, the defendant is obligated to do so in money.

B. Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be determined at KRW 500,000, considering all the circumstances shown in the arguments in the instant case, in light of the health class, the content, quantity, and frequency of the writing posted by the Defendant, the details, location, and intent of the notice, the status and age of the original Defendant, criminal punishment, and others.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from C, which is a tort day, to January 17, 2017, which is the date when the Defendant rendered a substantial judgment to dispute about the scope of the obligation of performance of the instant case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Thus, the plaintiff's claim is accepted within the above scope of recognition and the remaining claim is dismissed as there is no ground, and the judgment of the court of first instance is unfair in some different conclusions, and thus, it is recognized above among the judgment of the court of first instance.