1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a person who operated a private teaching institute with the trade name “D” in Dongjak-gu Seoul Metropolitan Government C.

나. 피고는 2017. 7. 19. 원고가 자신의 손자인 E에게 핸드폰을 훔쳤다는 누명을 씌웠다고 생각하고 같은 날 15:15경 위 교습소에 찾아가 학생들이 있는 자리에서 원고와 언쟁을 하다가 원고에게 “뭐 이런게 다 있어, 진짜 뭔 짓이야 선생이 돼갖고. 아주 나쁜 년이야”라고 말하였다.

C. As above, the Defendant received a summary order of KRW 50,000 as Seoul Central District Court Decision 2017 High Court Decision 21636, supra.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. A. A private teaching institute operated by the Plaintiff due to the Defendant’s insult and obstruction of business by the Plaintiff’s assertion that the number of students was reduced to undergo management difficulties, and the Plaintiff did not suffer from management difficulties and psychological distress and closed down on May 10, 2018. As such, the Defendant is obligated to pay the Plaintiff KRW 1.5 million and the total amount of KRW 1.5 million for property damage caused by the closure of business due to a tort.

B. Determination 1) Determination 1 on the claim for mental damage is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 500,000, considering the evidence and all circumstances indicated in the record, such as labor, insult, apprehensions, and the circumstances and details of tort, as seen above, the Defendant’s act of taking a bath before the Plaintiff’s private teaching institute is deemed to constitute tort, and as such, it is apparent in light of the empirical rule that the Plaintiff suffered emotional distress. On the other hand, the Plaintiff is liable to compensate for emotional distress suffered by the Plaintiff. The Plaintiff’s claim for mental damage is reasonable within the scope of the above recognition.