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(영문) 수원지방법원 성남지원 2018.04.17 2017가단201483
손해배상(기)
Text

1. The Defendant: (a) from February 11, 2017 to February 1, 2017 to Plaintiff A; and (b) from Plaintiff B, to KRW 1,00,000.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2 and 5 (including paper numbers), unless there is a dispute between the parties or in full view of the purport of the entire pleadings.

Plaintiff

A church, as a religious organization created by E around 1962, is the father of Eul, the plaintiff B is replaced by her mother, observance of F, etc., and the church register is G. After E is deceased in around 1985, the plaintiff C is conducting missionary activities continuously with its general assembly.

B. The Defendant subscribed to the car page, such as “H” and “I” (hereinafter “each of the instant car page”) opened in the Internet portal site (hereinafter “instant car page”) and posted a total of 61 times from August 23, 2013 to February 11, 2017, a notice stating the same content as the attached Forms 1 and 2 (hereinafter “instant notice”).

2. The parties' assertion and judgment

A. The notice of this case posted by the Defendant on each of the instant car pages by the Plaintiff’s assertion is maliciously and infinitely harmful to the Plaintiffs, and due to this infringement of the Plaintiffs’ personality rights, thereby causing emotional distress, the Defendant is obligated to pay consolation money (39,000,000 won in total, 39,000 won in total, 43,000,000 won in total, and 16,000,000 won in total, to the Plaintiff C) calculated on one occasion of such tort.

B. Even if there are some parts expressed in the Defendant’s argument, the Defendant’s wife entered the Plaintiff church to cause the failure of the remaining Defendant’s family, which belongs to the false doctrine, and the Plaintiff church is not a normal religious organization, and the Plaintiff church prepared the instant notice for the public interest purpose of disclosing its substance as it is not a normal religious organization, and the instant notice is not a content that destroys or insults the Plaintiffs.

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