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(영문) 의정부지방법원 2016.08.25 2016가합50327
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Presumed factual basis

A. On June 2, 2010, the Plaintiff, who was in office as a professor of D college administration and professor, was elected and served as E market at the national Dong local election. On June 4, 2014, the Plaintiff was a person who was elected to E market at the national Dong local election, and was in charge of overall administration of E market.

The defendant, who was five and six members of the City Council, was a candidate for the F Party E market in the local election in 2014, and the F Party E candidates for the 20th National Assembly election in 2016.

B. From January 2013 to January 2015, the Defendant sent a letter (hereinafter “instant notice”) stating the same content as the attached Forms 1 and 2 by accessing the Defendant’s account to the bulletin board (C) bulletin board (hereinafter “Defendant Pins North”) of the Defendant’s account.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Defendant posted the instant notice to Defendant Pins North, thereby insulting the Plaintiff (attached Form 1) and pointing out false facts, thereby impairing the Plaintiff’s reputation (attached Form 2). Therefore, the Defendant is obliged to compensate for mental damage suffered by the Plaintiff. Therefore, the Defendant may seek a prohibition of infringement in order to exclude the infringement currently being committed against the perpetrator, or prevent infringement that may occur in the future, based on his/her personality right.

The defendant shall not post a letter that damages the plaintiff's character, reputation, credit, etc. on the bulletin board of the defendant Pest from the day after the duplicate of the complaint of this case is served.

3. If the Defendant, even after being served with the duplicate of the complaint of this case, posts the Plaintiff’s character, reputation, credit, etc. on Defendant Pins North Korea, he/she shall pay the Plaintiff money calculated at the rate of KRW 500,000 per day of indirect compulsory performance.

B. The establishment of defamation and insult.

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