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(영문) 서울동부지방법원 2019.06.26 2019가합102015
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as the annual rate of KRW 5% from June 2, 2017 to June 26, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. From December 2014, the Plaintiff and the Defendant decided on May 2016 after the restriction of the school relationship with the school relationship. Since then, the school system was re-established until April 2017, and repeated.

B. On April 5, 2017, the Defendant prepared and posted a letter on the Defendant’s account, as shown in attached Table 1, stating that the Plaintiff hedging with the Defendant and forced the Defendant to become a partnership (hereinafter “instant notice 1”).

C. On April 6, 2017, the Plaintiff posted a letter against the Plaintiff, and on April 6, 2017, the Defendant drafted and posted a letter stating that the Plaintiff forced the Defendant to make a multi-natural attachment and forced the Plaintiff to become a partnership (hereinafter “Notice 2”).

On June 2, 2017, the Defendant prepared and posted a letter on June 2, 2017, stating that the Plaintiff provided the Defendant’s account with a defined education on his/her tables and provided parents (hereinafter “instant notice 3,” and the Defendant written and posted each of the instant notices, including the comments written and posted by the Defendant.

E. Meanwhile, on January 10, 2018, the Defendant was convicted of a fine of two million won for the crime that the Defendant posted each of the instant notices to the Seoul Eastern District Court and insulting the Plaintiff as shown in the separate sheet No. 4, and the said judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 8, 9, 10, 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff’s assertion was insulting the Plaintiff, as shown in the separate sheet No. 4, by preparing and posting each of the instant comments on the Defendant’s account.

In addition, the defendant stated false facts as shown in the separate sheet No. 5 in the notice of this case, or proposed dial-a-law partnership by the plaintiff.

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