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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 300,000 and KRW 200,00 among them.
Reasons
1. The Plaintiff, who is liable for damages, filed a lawsuit against the Defendant claiming the Plaintiff’s fee as Seoul Southern District Court 2016Gaso56265, and the Defendant appears in the civil law court on August 24, 2016 and held the Plaintiff in a large voice to the effect that the Plaintiff’s fraud was replaced by a person related to the court and the visitors in the court on August 24, 2016, may be recognized in full view of the following purport of the entire pleadings.
According to the above facts of recognition, since the defendant's act constitutes a personal attack by a Maternal expression, the defendant is obligated to pay consolation money to the plaintiff for mental damage suffered by the plaintiff due to the defendant's act.
2. Regarding the scope of damages, the amount of consolation money shall be set at KRW 300,000, considering various circumstances, such as health class, the age and relationship of the original defendant, the details of the defendant's statement, etc.
Therefore, as requested by the Plaintiff, the Defendant is obligated to pay to the Plaintiff 30 million won consolation money and KRW 200,000 of consolation money of the first instance judgment from September 23, 2016 to January 13, 2017, the day following the delivery date of a copy of the complaint of this case, and KRW 5% per annum as stipulated by the Civil Act, and KRW 100,000, which is the day following the delivery date of a copy of the complaint of this case from September 23, 2016 to July 7, 2017, as requested by the Plaintiff, 5% per annum as stipulated by the Civil Act, from September 23, 2016 to the day following the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with some different conclusions, part of the plaintiff's appeal is accepted and the judgment of the court of first instance is modified as above, it is so decided as per Disposition.