2018 Ghana 63572 Damages

A

Attorney Park Jae-young, Counsel for defendant-appellant

1. B

2. C

3. D;

[Judgment of the court below]

January 8, 2019

February 19, 2019

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant D, one million won, and each of the above payments, shall pay the amount calculated by applying the rate of 5% per annum from August 8, 2018, Defendant C, August 24, 2018, Defendant C, from August 23, 2018, and from August 23, 2018 to February 19, 2019, and 15% per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims against the defendants are dismissed.

3. 15% of the costs of lawsuit shall be borne by the Defendants, and the remainder by the Plaintiff.

4. Paragraph 1 can be provisionally executed.

The defendants shall pay to the plaintiff 15 million won with 15% interest per annum from the day after the delivery of the complaint of this case to the day of full payment.

1. Facts of recognition;

A. The Defendants are bus drivers belonging to E Co., Ltd.

B. Defendant B received a summary order of KRW 2 million (this Court approximately approximately KRW 2018,4093) due to the following facts constituting the crime of insult, and the said order became final and conclusive June 6, 2018.

At around 15:15 on November 11, 2017, Defendant B made a conversation on the “E” garage located in Ulsan-gun F, Ulsan-gun, by using smartphones, and posted the Plaintiff’s photograph on the “H” page, which is one member, at the “H” library, which is a group reading room with 11 members, and published the Plaintiff’s photograph on the page, and made a public insult of the Plaintiff. On December 14, 2017, Defendant B made a conversation at “J, which is a group reading room with 11 members, using smartphones in E, and made a public insult of the Plaintiff by referring to the Plaintiff and publicly insulting the Plaintiff.

C. Defendant C received a summary order of KRW 2 million (hereinafter this Court Decision 2018 High Court Decision 2010Da3982) for the crime of insult and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) under the following, and the said order became final and conclusive on June 2, 2018.

Around November 11, 2017, at least 15:59 to 16:00, Defendant C posted on the “E” garage a letter stating the Plaintiff on the “H’s membership room, a group of members with 12 mobile phones using the said Defendant’s mobile phone, and published the letter “M” on December 14, 2017 to the “J,” a group of members with 11 members around 18:07 to 18:10, and then publicly insulting the Plaintiff on three occasions in total.

D. Defendant D received a summary order of KRW 300,000 (this court approximately KRW 2018,7876) due to the crime of insult under the following circumstances, and the said order became final and conclusive on October 9, 2018.

Defendant D, around December 16, 2017, around 09:30, posted the phrase “A is deemed to be a fraud and to be a dogmatic engineer,” to Q, a public insultd the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including additional number), and the purport before oral argument

2. Determination

A. According to the above facts of recognition, it is obvious in light of the empirical rule that the Plaintiff suffered mental pain due to each notice insulting the Plaintiff posted by the Defendants. As such, the Defendants are liable to pay the Plaintiff mental pain in money as a tort.

B. Furthermore, the amount of consolation money to be paid by the Defendants shall be determined as KRW 2 million for the Plaintiff, KRW 3 million for the Defendant C, and KRW 1 million for the Defendant D, in consideration of the health class, the relationship between the Plaintiff and the Defendants, the method and frequency of the expressive act, and the various circumstances indicated in the out-of-the-counter pleadings.

3. Conclusion

As the Plaintiff seeks with respect to Defendant B’s KRW 2 million, Defendant C’s KRW 3 million, Defendant D’s KRW 1 million, and each of the above money, the Plaintiff is obligated to claim as to the existence and scope of the obligation to perform as to whether the duplicate of the complaint of this case was served on the Defendants) from the day following the day on which the copy of the complaint of this case was served, to February 19, 2019, which is the sentencing date of this case, to pay 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

Part of the plaintiff's claim is accepted.

Judges Jeong Young-soo

1) The duplicate of the complaint was served on Defendant B on August 24, 2018 in relation to Defendant C, and on August 23, 2018 in relation to Defendant C, and on August 22, 2018 in relation to Defendant D.