(영문) 서울중앙지방법원 2017.11.28 2016가단23944

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(영문) 서울중앙지방법원 2017.11.28 2016가단23944

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant sent a letter containing false facts to a third party for the purpose of slandering the plaintiff. Since the plaintiff's honor was damaged thereby, the defendant is obligated to pay the plaintiff the damages amounting to KRW 60 million and delay damages amounting to the sum of KRW 56.4 million and KRW 10 million which constitute the plaintiff's annual income.

2. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 4, the Defendant sent a text message to the effect that, around August 31, 2014, the Defendant “A head” will be able to figure out and figure out “C camping and letter mixed.” The head of A head shall not be the same for each one’s own content. The Plaintiff sent a text message to the effect that, in addition to the above text message, the Plaintiff was working as an employee of the law office at the time, and was not prosecuted for fraud. The head of A head may recognize the fact that: (a) the Plaintiff was not guilty of fraud; (b) the Plaintiff was 30 million won in December, and was 200 million won in the surrounding area; and (c) the Defendant was also able to find the fact that the Plaintiff was not prosecuted for fraud.

On the other hand, in full view of the purport of the argument in Gap evidence No. 5, the plaintiff filed a complaint against the defendant as a charge of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) in relation to the above text messages, but the defendant was convicted of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation). However, the defendant was aware of the fact that he was not guilty on January 16, 2015, and the defendant was aware of the fact that he was sexual intercourse between C and C and C, the head of which was the group within the middle group at the time, and there was a question about the relationship between C and C, the head of which was the group, and the fact that C was a divorce lawsuit with her husband without contact with others. In light of the above, considering the relationship between the defendant and C, the circumstance of sending

(2).

참조조문

-정보통신망 이용촉진 및 정보보호 등에 관한 법률

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