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(영문) 서울중앙지방법원 2015.05.01 2014가단5101982
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 and the following day shall be 5% per annum from March 16, 2013 to May 1, 2015 to the Plaintiff.

Reasons

1. Fact-finding;

A. On March 14, 2013, the Defendant, the Defendant’s spouse, ordered the Plaintiff to lend a set of Korean-do lending, and then, posted a letter on the bulletin board the Plaintiff’s Internet NAV block “D” and posted it on the bulletin board. From that time, between March 16, 2013 and March 16, 2013, the Defendant posted the above contents on the Internet.

B. The Jung-gu District Court (Supreme Court Decision 2013Ma2913 Decided May 1, 2014) rendered a judgment that the Defendant’s act constitutes a crime of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) on the ground that the Defendant posted the above writing through the “Ninber Blog”, which is an information and communications network for the purpose of slandering the Plaintiff who is the victim, and disclosed the fact openly, thereby impairing the honor of the victim. The above judgment became final and conclusive on May 9, 2014.

2. After the Defendant posted the above writing, the Plaintiff’s sales decreased by KRW 30 million, and accordingly, the Plaintiff’s workplace changed to the enemy’s operation, and the recovery of KRW 360,000,000 invested in the initial project cost was also impossible.

In addition, the defendant's above act showed the plaintiff's business reputation and credit, and suffered mental suffering due to infringement of personal rights.

Therefore, the defendant is obligated to compensate for the total amount of 50 million won and consolation money of 20 million won.

3. Determination

A. The Defendant’s above act constitutes an unlawful act that damages the Plaintiff’s business reputation and reputation, and thus, the conviction becomes final and conclusive, and the content, frequency, etc. of the above notice, which is posted for the purpose of slandering the Plaintiff.

Therefore, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.

B. Regarding the Plaintiff’s property damage, the Defendant’s status is examined.

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