(영문) 대구지방법원 2017.11.29 2017나6861 | 리걸엔진

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(영문) 대구지방법원 2017.11.29 2017나6861

손해배상(기)

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The Plaintiff’s assertion D filed a lawsuit against Defendant B, a lessee, with the Daegu District Court Decision 2014Da47921, Daegu District Court Decision 2014Da47921, and the Plaintiff performed the obligation to pay D’s monetary payment in accordance with the decision of recommending reconciliation that became final and conclusive in the said litigation procedure, and sought to obtain the name of the building from the Defendants. However, the Defendants refused the Plaintiff’s request for the name of the Plaintiff and the same year as of May 31, 20

7.6. Around neighboring merchants or E made a statement to the effect that the Plaintiff insultings or defames the Plaintiff, and the Plaintiff also sent text messages to the Plaintiff that insults or criticizes the Plaintiff.

As a result, the Plaintiff suffered from mental suffering, Defendant B is liable to pay consolation money of KRW 2 million to the Plaintiff, and Defendant C is liable to pay consolation money of KRW 3 million to the Plaintiff.

2. The evidence Nos. 4 and 24, which corresponds to the fact that the Defendants made a statement that constitutes insult and defamation as alleged by the Plaintiff, is difficult to believe, and there is no other evidence to acknowledge it. Meanwhile, according to the evidence Nos. 2, 10, 19, and No. 1-2 of the evidence No. 1-2 of the Plaintiff, the fact that the Defendants sent text messages to Defendant B several times is acknowledged, but in light of the background of sending text messages and the content of text messages, it constitutes insult and defamation against the Plaintiff.

It is difficult to recognize that the Plaintiff was suffering from mental suffering.

Rather, according to the evidence Nos. 5, 6, 23, Eul evidence Nos. 2, 3, and 2, and 3 of this Court, the plaintiff filed a complaint against the defendants under suspicion of insult, defamation, etc., but the prosecutor of the Daegu District Public Prosecutor's Office issued a disposition of non-prosecution (defluence of evidence) against the defendants, and the plaintiff filed a complaint and applied for a ruling but dismissed all of them.

Therefore, the plaintiff's claim for damages is without any need to further examine the remainder.

유사 판례

-광주지방법원 2017.11.30 2016가단513000

-서울고등법원 2015.01.29 2014나2021302

-수원지방법원 성남지원 2017.03.07 2015가단228118

-창원지방법원마산지원 2019.07.17 2018가단7262

-서울중앙지방법원 2013.05.16 2013노898