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(영문) 서울중앙지방법원 2016.05.19 2015가단5353995
손해배상(기)
Text

1. The Defendant’s KRW 7,00,000 as well as 5% per annum from February 19, 2014 to May 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From July 2013, the Plaintiff is serving as the reporter of the National Daily News.

B. On February 19, 2014, the Defendant reported the Defendant’s office located in Doco-Gu, ASEAN-si, Japan, on the Internet community website bulletin board, and posted the comments on “D” by means of a computer, at the Defendant’s office, posted a notice on the Internet community website bulletin board.

C. On January 22, 2015, the Defendant was indicted for committing an offense of insulting the Plaintiff by posting the above comments on the Internet website bulletin board that enables an unspecified number of people to confirm the contents of the comments, and was sentenced to a judgment of conviction of KRW 1,50,000 as Seoul Central District Court Decision 2014Da5817, Jan. 22, 2015, and the said judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above facts of recognition, the defendant used a language that may undermine the plaintiff's social reputation on the bulletin board of the Internet daily newspaper storage site where many unspecified persons can confirm the contents of writing by accessing it, thereby insulting the plaintiff. Since it is obvious in light of the empirical rule that the plaintiff suffered mental pain, the defendant is obliged to pay the plaintiff the above damages in monetary form.

I would like to say.

B. Furthermore, as to the amount of consolation money, the Defendant reported the contents of the articles prepared by the Plaintiff even though there is no special relation with the Plaintiff, and posted comments containing the Plaintiff’s abusive intent to sexually commemorate the Plaintiff’s mother, the Internet daily storage site where the Defendant posted comments on the comments is doing activities by multiple members, and the posts can be seen as not having joined the above site, and the Defendant filed a criminal complaint against the Defendant and filed a criminal complaint against the Plaintiff up to the civil litigation of this case.

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