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(영문) 전주지방법원 2011.04.27 2009가단28532
손해배상(기)
Text

1. The Defendant’s KRW 300,000 and the Plaintiff’s annual interest thereon from September 15, 2009 to April 27, 201.

Reasons

According to Gap evidence Nos. 1 and 2, since the defendant is recognized to have injured the plaintiff who is a public official by posting the same writing as that written in the C Jeonju Internet newspaper and bulletin board, the defendant has a duty to avoid mental harm suffered by the plaintiff. The defendant shall determine the amount of consolation money as KRW 300,000 in consideration of the circumstances of the case, the contents of the writing, the plaintiff's status, the degree of damage, etc.

The plaintiff asserts that since the plaintiff suffered mental damage due to the writing posted by the defendant as well as the health deterioration caused by the above, the plaintiff was responsible for compensating for damage caused by the above-mentioned operation and the scarcity removal operation, it is insufficient to recognize that the plaintiff suffered Aboard disease and scarcity removal due to the evidence submitted by the plaintiff alone, and there is no other evidence to acknowledge that the plaintiff suffered Aboard disease and scarcity removal. Thus, this part of the plaintiff's assertion is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 30,000 won and damages for delay at each rate of 5% per annum as stipulated in the Civil Act from September 15, 2009 to April 27, 201, which is the date of the judgment of this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment. Thus, the plaintiff's claim is accepted within the above recognized limit, and the remaining claims are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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