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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The Plaintiff filed a claim for damages arising from defamation and abuse of complaint at the first instance court.
The court of first instance rejected part of the claim for damages caused by defamation, and dismissed the claim for damages caused by abuse of complaint.
Accordingly, since the court of first instance appealed against the defendant among the judgment of the court of first instance, the subject of the judgment of this court is limited to the claim for damages caused by defamation.
2. Determination
A. According to the purport of Gap evidence No. 3 and the whole pleadings, the defendant was sentenced to a fine of three million won as a crime of violating Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) (Article 2014Da6444 of the Chuncheon District Court 2014) in consideration of the fact that the plaintiff suffered emotional distress due to the defendant's tort is obvious in light of the empirical rule that the plaintiff suffered emotional distress. Thus, the defendant is obligated to pay consolation money as compensation for emotional distress to the plaintiff. 2) The defendant was aware that the defendant suffered emotional distress due to the plaintiff's tort around January 2014, 201, and the defendant was aware on July 25, 2014 that the above criminal facts were committed against the defendant on several occasions from October 27, 2013 to November 29, 2013.
The claim for damages caused by a tort shall be extinguished by prescription if it is not exercised within three years from the date when the injured party or his/her legal representative becomes aware of the damage or the perpetrator.
The "date when the victim or his/her legal representative becomes aware of the damage and the perpetrator" refers to the date when the victim or his/her legal representative actually and specifically recognizes the damage and the perpetrator, and the recognition is sufficient for the presumption or question of the damage.