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(영문) 서울남부지방법원 2016.09.30 2016가단223665
손해배상(기)
Text

1. The Defendants’ respective KRW 500,000 and each of the said amounts to the Plaintiff from February 14, 2014 to Defendant B, and Defendant E from February 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is operating a personal broadcasting station called “I” (C: J) from the Internet TV operated by African TV Co., Ltd. to the clinic of “H” from January 2007 to the clinic of “H”.

B. On February 14, 2014, Defendant B connected Africa with African TV and posted a letter “L” on the “I” TV page broadcasted by the Plaintiff.

C. Defendant E connected Africa with Africa on February 26, 2014, “M” and posted twice the words “N” on the “I” Television broadcasted by the Plaintiff.

The Plaintiff filed a complaint against the Defendants in relation to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity by using communications media) and insult, and the Seoul Southern District Prosecutors' Office suspended the indictment against Defendant B on March 27, 2015, and the Gwangju Southern District Prosecutors' Office suspended the indictment against Defendant E on May 11, 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendants posted a statement to insult the plaintiff on the Internet broadcast in which many unspecified people have access, and it is obvious in light of the empirical rule that the plaintiff suffered mental pain. Thus, the defendants are obliged to compensate the plaintiff for the above damage.

B. Considering the various circumstances indicated in the arguments in the instant case, such as the contents and frequency of comments made by the Defendants, the Defendants were minors at the time, and the Defendants’ acts against themselves, it is reasonable to determine consolation money to be compensated by the Defendants as KRW 500,000,000.

Therefore, the Defendants, from February 14, 2014 to February 26, 2014, Defendant B, a tort against the Plaintiff each of the above amounts, and from February 26, 2014 to September 30, 2016, a reasonable date for dispute over the existence and scope of the Defendants’ obligations to perform, is 5% per annum as stipulated in the Civil Act, from February 30, 2016 to September 30, respectively.

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