1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff operated a personal broadcasting station in the name of “C”, which is an Internet personal broadcasting service operated by C, from February 2007 to “D,” “E” and “comp” F.

B. The Plaintiff’s life broadcasts are broadcast from 11:0 a.m. to 2:0 p.m., Tuesday to 2:00 p.m., from 2:00 p.m., from 2:0 p.m. to 5:0 p.m., re-broadcastings during the remainder of time. The number of viewers is 3,00-4,000 p.m., and 1,000 p.m. for re-broadcastings, and 300-60 p.m. for late night or new wall hours, and the Plaintiff’s address, telephone number, e-mail, etc. are disclosed on the screen of “E”.

다. 피고는 2014. 9. 19. 피고 명의로 가입된 아이디로 ‘C'에 접속한 후 원고가 운영하는 위 ‘E’의 채팅창에 ‘♡련죵북좌빨련이 애들 선동하네. G 업적이나 보고 와라. 좌빨냔아 그럼 북한처럼 거지처럼 살던가’라는 글을 게시하였다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6 (the evidence numbered shall include each number), the images, the fact inquiry inquiry report to Eul, the purport of the whole pleadings

2. Determination

A. In light of the facts acknowledged in the above basic facts, the contents of the Plaintiff’s broadcast, the context and method of expression posted by the Defendant, and the motive of posting the writing, etc., the Defendant recognized the fact of openly slandering and insulting the Plaintiff through a private broadcasting station hosting window of the Plaintiff’s operation, in which many and unspecified persons have access, and thereby, it is apparent in light of the empirical rule that the Plaintiff suffered emotional distress. Therefore, the Defendant is liable to compensate the Plaintiff for emotional distress suffered by the Plaintiff, barring special circumstances.

B. The scope of liability for damages is the content and degree of insult of the comments posted by the Defendant, the number of viewers, and the Plaintiff.