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(영문) 서울북부지방법원 2017.04.07 2016나34494
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff operated D Child Care Center (hereinafter “instant Child Care Center”) in Seoul Jung-gu, Seoul, 1509 Dong 101, and the Defendant sent E and F, a child, to the Child Care Center.

B. On June 17, 2015, the Plaintiff brought down a low diving after eating it to E.

E began to discuss one another at 3 p.m. 20 p.m. on the same day, and returned to Korea together with the f.m. money after receiving an emergency address.

E, even after returning home, discussed boomed in a child care center.

C. The Defendant visited G, who is E’s teacher, but G attended the education conducted by the Jung-gu Child-Care Support Center, and failed to contact with the Defendant, and the Defendant heard the answer that all education was revoked by the person in charge of Jung-gu Office.

On the other hand, the Defendant heard from H, a previous employee of the childcare center of this case, the phrase “the childcare center of this case is rapidly moving because it has a lot of problems.”

On June 25, 2015, the Defendant posted a notice on the NAV bulletin board (hereinafter referred to as “post bulletin”) stating that “The composition of the instant child-care center head is the most bad,” and that “the instant pre-borns who were employed in the past are able to send a child to the instant child-care center” (hereinafter referred to as “transmission message”) was sent to the Kafe members on June 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 3, 5, 7, 11 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. Since the alleged defendant published a notice in which the false facts are publicly known, and disseminated a transmission letter, thereby impairing the plaintiff's reputation, the defendant shall pay consolation money of KRW 20 million and delay damages to the plaintiff.

B. (1) Determination of defamation, which constitutes tort under the Civil Act, is based on a human value, such as character, morality, reputation, and credit.

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