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(영문) 서울북부지방법원 2020.06.16 2019가단113236
손해배상(기)
Text

1. The Defendants: (a) from March 11, 2017 to March 28, 2017, Defendant B, respectively, to the Plaintiff KRW 50,000; and (b) Defendant C, March 28, 2017.

Reasons

1. Facts of recognition;

A. From around 2007, the Plaintiff’s personal broadcasting (hereinafter “the instant broadcast”) is proceeding with the “F” “E” as an clinic from the Internet’s personal broadcasting site (E).

B. The Defendants connected to the instant broadcast and posted a letter (hereinafter “each of the instant notices”) as shown in the attached list on the hosting windows reported by many and unspecified viewers.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 10, and 13 (including additional numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants posted each of the instant notices that could include low-speed language in the hosting hold of the instant broadcast, which can confirm the contents of the text by accessing an unspecified number of people, or that the Plaintiff’s social evaluation would be lowered and wrong. This is obvious in light of the empirical rule that the Plaintiff suffered emotional distress. Accordingly, the Defendants are obliged to pay consolation money to the Plaintiff.

Furthermore, with respect to the amount of consolation money, the Minister of Health and Welfare determines consolation money to be paid by the Defendants to the Plaintiff as KRW 50,000, respectively, in consideration of the following factors: (a) the time when each of the instant comments was exposed to viewers is relatively short; (b) the possibility or influence of dissemination thereof was not significant; and (c) the details and nature of each of the instant comments posted by the Defendants; and

Therefore, the Defendants are obligated to pay the Plaintiff damages for delay calculated by the rate of 50,000 per annum under the Civil Act from March 11, 2017 to Defendant B, which is an illegal act; Defendant C, from March 28, 2017 to June 16, 2020, each of which is the date of the instant judgment, to dispute about the existence and scope of the Defendants’ obligations to perform; and 5% per annum under the Civil Act from June 16, 2020 to the date of full payment; and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full

3. Thus, the plaintiff's defendants are examined.

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