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(영문) 서울북부지방법원 2016.08.26 2016가단105173
손해배상(기)
Text

1. The Defendant’s KRW 200,000 and the Plaintiff’s annual rate from March 4, 2014 to August 26, 2016.

Reasons

1. Facts of recognition;

A. From January 2007, the Plaintiff is running a personal broadcasting station in African TV operated by African TV Co., Ltd. to the NA “E” in the course of running the personal broadcasting station in the Internet Personal Broadcasting Africa Co., Ltd.

나. 피고는 2014. 3. 4. 이 사건 방송에 접속하여 불특정 다수의 시청자들이 시청하고 있는 화면의 채팅창에 "F"라는 닉네임으로 접속하여 “E 빡빡이 뇬”, "느그딸 내가 ♡", "입.닥.쳐 종북아“, ”그냥 빨갱이네“, ”A이 딸내미 빨갱♡이냐“, ”진보 병1신 선동오지네요“, ”선동허지 마세요 빡빡♡아“, ”빨갱이잼“, ”선동부인♥“, ”탐식의 E“이라는 글을 게시하였다.

C. The Plaintiff lodged an insult against the Defendant, and on April 23, 2015, issued a disposition of suspending indictment against the Defendant at the Incheon District Prosecutors’ Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant posted a statement insulting the plaintiff on the Internet broadcast in which many unspecified people have access, and it can be recognized in light of the empirical rule that the plaintiff was suffering from mental suffering. Thus, the defendant is obligated to compensate the plaintiff for the above damage in monetary amount.

As to the amount of consolation money, it is reasonable to determine 200,000 won in consideration of the various circumstances shown in the pleadings of this case, such as the health unit, the content of comments written by the defendant, the background of posting, the fact that the defendant was a minor at the time, and the defendant's act is divided and reflected.

B. Accordingly, the Defendant’s defense against the Plaintiff as to the existence and scope of the Defendant’s duty of performance from March 4, 2014, which was the date of tort, was 5% per annum as stipulated in the Civil Act, which was the date of the judgment of this case, from August 29, 2016.

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