1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

1. Comprehensively taking account of the overall purport of the arguments as to the statement in Gap evidence Nos. 1 and 3 of the basic facts, the defendant: (a) reported the comments written by the plaintiff in Eul’s Internet portal site “Net” news; and (b) written the comments stating that “Is other comments. Is my intention only. Is his intention to do so, and if Is his intention to do so, Is that Is it would not feel a criminal liability for such false remarks; (c) on March 19, 2014, the defendant was issued a summary order of KRW 50,000 for the crime of openly insulting the plaintiff by means of preparing comments as above in Suwon District Court No. 2014Da2185, Jun. 19, 2014; and (d) it can be recognized the fact that it became final and conclusive at that time.

2. The plaintiff sought payment of KRW 2,000,000 as consolation money because the plaintiff suffered from mental suffering such as undermining the plaintiff's reputation due to the defendant's comments.

The defendant asserts to the effect that the site of this case can present an unspecified number of opinions, and the plaintiff was active in using IDs other than real names, and the defendant also posted the above comments without knowing who is the plaintiff, so it is not constituted a tort.

However, even if the original civil trial is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are significant evidence. Thus, in light of other evidences submitted in the civil trial, it cannot be recognized that the facts against the defendant are opposed to the finding of facts, unless there are special circumstances where it is deemed difficult to adopt the factual judgment in light of other evidences submitted in the civil trial (see Supreme Court Decision 90Meu21886, Dec. 7, 1990). As seen above, the facts against the defendant for which a summary order has become final and conclusive are as mentioned above, barring any special circumstances, the defendant may openly insult the plaintiff by posting comments as above.