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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. On November 3, 2016, the gist of the Plaintiff’s assertion was that the Defendant committed tort by openly pointing out false facts to three occupants of the instant apartment site in front of the Ulsan-gu C Apartment Complex (hereinafter “instant apartment”) and impairing the Plaintiff’s honor, and by frequently speaking to the Plaintiff or transmitting a tituous text message to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff 5,00,000 won for consolation money, the total of KRW 5,181,600 for medical expenses incurred by the plaintiff by taking a mental treatment as well as damages for delay.
B. Determination 1) According to the overall purport of the statement and pleading by Gap evidence No. 1, the defendant, around November 3, 2016, around November 16, 2016, around 16:00, he received a summary order of KRW 1,00,000 from three occupants of the apartment house of this case (Seoul District Court Decision 201Da3163, Jun. 3, 2016) on the ground that the president of the Senior Citizens Association had a high age. The president of the Senior Citizens Association was driving away with the former president who had his clothes repair house on the ground that he had a high age. In the end, the former president did not come to fit with the mind of the plaintiff, and was subject to a summary order of KRW 1,00,000 on the ground that he had damaged the plaintiff’s reputation by openly pointing out false facts (Seoul District Court Decision 2018Da3163, Jun. 3, 2018).
According to the above facts, the defendant spreads false facts on November 3, 2016, thereby causing damage to the plaintiff's reputation, and the plaintiff suffered mental suffering. Thus, the defendant is liable for compensation for damage caused by mental suffering suffered by the plaintiff.
B. On the other hand, the plaintiff alleged that the defendant committed a tort by telephoneing the plaintiff, or by transmitting intimidation text messages to the plaintiff, in addition to the above defamation, but the plaintiff submitted it to the plaintiff.