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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. The Plaintiff is operating a trade name 'F' store located in Nam-gu, Dong-gu, Dong-gu, Seoul, with the trade name of 'F'.
B. On July 15, 2013, the Plaintiff’s G posted an advertisement of KRW 40,000 on the “H”, a website (hereinafter “instant site”), and sold the instant store to the head of the instant site upon receiving an order from its members.
C. During that time, from members of the site of this case, the address to display 10 boxes, booms and stamp 10 boxes, such as [Attachment 1] images, which were sent from the members of the site of this case, and upon entering the head and stamp order from the members of the site of this case, the applicant was requested to pack them with the packaging and stamp as gift.
In response, the plaintiff G received orders from the members of the site of this case and packages the walpists in the above package and delivered them several times with stamp seals.
E. The other members of the site of this case, which was delivered with the package box box, posted the pertinent articles and photographs on the bulletin board of the site of this case. Such sales were reported to the media, and the pertinent articles were posted on various Internet bulletin boards.
F. The Defendants posted comments, such as Attachment 2, on the same date as indicated in Attachment 2.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, 12 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) According to the above facts of recognition, it is reasonable to view that the defendants' act of posting the above article on the Internet bulletin board, etc. which can be disseminated by the defendants is an act of openly insulting the plaintiff, and thereby, the plaintiff suffered mental damage. Therefore, the defendants are obligated to avoid monetary damage or the plaintiff's mental damage. 2) Accordingly, the defendant B is obligated to avoid the plaintiff's mental damage.