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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 6-10, the Defendant’s statement as to the following: (a) on January 2014, the Defendant sent repeatedly an uneasy text and text message, such as “I am dysty during diving,” and text message containing pictures, to the Plaintiff and the designated parties on May 16 and 21, 2014, on the ground that the Defendant was F, referring to the Plaintiff at the office of the council of occupants’ representatives in Suwon-gu, Suwon-si, Suwon-si, the Plaintiff, and the head and soon sys of a espionage.”
6.4. The fact that the Plaintiff had repeatedly reached the sound causing uneasiness by using an absentee call; ② The Defendant rendered a judgment of a fine of KRW 1 million in the Suwon District Court on February 5, 2015 (2014 High Court Decision 2787) due to the fact that the Plaintiff and the designated parties insulting by doing the above act, and the judgment became final and conclusive by appeal and dismissal of appeal. The Defendant’s above act constitutes a tort infringing on the Plaintiff and the designated parties’ personality rights.
2. As to the amount of consolation money for emotional distress suffered by tort within the scope of liability for damages, a fact-finding court may determine the amount at its own discretion, taking into account various circumstances (see Supreme Court Decision 2012Da31628, Jun. 27, 2013). In light of all the circumstances, such as the developments leading up to insult to the Plaintiff and the designated parties and the content and degree of the infringed legal interest, and the purpose and reasonableness of the infringement, it is reasonable to determine the amount of consolation money that the Defendant is liable to compensate the Plaintiff as KRW 300,000 and KRW 300,000 for each of them.
Therefore, the defendant's damages amounting to KRW 3,00,000, KRW 300,000, KRW 300,000 each to the plaintiff, and each of them is the final illegal act day.