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(영문) 수원지방법원 2018.06.21 2016가단538918
손해배상(기)
Text

1. The Defendant: (a) KRW 2,00,000 to Plaintiff A, as well as 5% per annum from November 25, 2016 to June 21, 2018, respectively.

Reasons

1. Basic facts

A. On May 2016, the Defendant: (a) provided meals with Plaintiff A, who is the dynamics of E, F, and F, in a restaurant located in the wife population D at the time of the non-scheduled Simn-si on May 2016; (b) provided that, despite that Plaintiff A did not live with G, who is the husband of F, the Defendant was under the influence of alcohol, the Plaintiff was under the influence of alcohol to the effect that “I am under the influence of alcohol, I am under the influence of alcohol,” and “I am under the influence of alcohol, I am under the influence of alcohol.”

B. In relation to the defamation case, the Defendant was sentenced to a fine of KRW 1 million for the criminal facts constituting “the Plaintiff’s reputation was damaged by openly pointing out false facts as described in the above paragraph,” and the judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. According to the facts of recognition as above, since it is clear in light of the empirical rule that the plaintiff A suffered mental pain due to the above tort committed by the defendant, the defendant is obliged to pay consolation money to the plaintiff A as compensation for its mental damage.

B. In full view of the following circumstances, the scope of liability for damages, the relationship between the Plaintiff A and the Defendant, the Defendant’s act and content of defamation against the Plaintiff, the motive and circumstance leading up to the Defendant’s act of defamation, and the circumstances subsequent thereto, etc., it is reasonable to determine the amount of consolation money as KRW 2 million.

C. Accordingly, according to the theory of litigation, the defendant, from November 25, 2016, the following day after the delivery date of a copy of the complaint of this case, to the plaintiff, to November 21, 2018, 5% per annum prescribed by the Civil Act, and from the following day to the day of complete payment, the defendant's defense as to the existence and scope of the defendant's obligation.

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