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(영문) 의정부지방법원 고양지원 2018.08.08 2018가단77506
손해배상(기)
Text

1. The Defendant: KRW 3,432,00 for Plaintiff A and 5% per annum from September 9, 2017 to May 1, 2018; and

Reasons

1. Facts of recognition;

A. The plaintiff A and the defendant are E University Pianno and the same.

나. 피고가 2017. 9. 9. 1:13경 휴대전화기를 이용하여, 원고의 모(母)인 B, E대학교 동문인 F, G, H, I, J을 초대해 K 단체 대화방을 만든 다음, 원고 A가 남자들과 같이 있는 사진과 동영상을 올리면서 ‘미국에선 저 분이랑 자고, 유럽에선 얘랑 잤는데 한국에는 없는 사이즈라면서 최고의 밤이엇다구 ㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋ’라는 글을 올렸다

(hereinafter referred to as “instant publication”). C.

Plaintiff

On October 19, 2017, A filed a complaint against the Defendant for defamation. On February 8, 2018, the Defendant was convicted of a fine of KRW 4 million due to the criminal fact that the Defendant openly damaged the Plaintiff’s reputation by means of the instant publication, which was false on February 8, 2018 (this Court Decision 2017Da3780), and the said judgment became final and conclusive on February 20, 2018 without filing an appeal by the Defendant.

[Ground of recognition] Gap 1, 2, 3, 5, 6, 8, 9, 10 evidence, Gap 4-1, and Eul 4-2 videos

2. Assertion and determination

A. The defendant is liable for damages incurred by the plaintiff A, since the defendant damaged the honor of the plaintiff A by the publication of this case and infringed on the privacy, personal rights and portrait rights. Thus, the defendant is liable for compensating for the damages incurred by the plaintiff A.

B) Although the Defendant asserts that the publication of this case is true, it is difficult to adopt a judgment of facts established in the criminal judgment only by the evidence submitted by the Defendant, and even if the publication of this case is the fact of the publication of this case, the above assertion is not acceptable, since the honor of Plaintiff A was damaged, and there is no change to the fact that the personality rights, portrait rights, and portrait rights were infringed. 2) The scope of the liability for damages is based on the overall purport of the statements and arguments stated in the evidence Nos. 11 and 12 of medical expenses and the whole purport of arguments, the Plaintiff on September 14, 2017.

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