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(영문) 부산지방법원 2019.02.20 2018나3813
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. In full view of the overall purport of the arguments in each of the records in Gap's case of liability for damages, Gap's case of accusation and accusation, Gap's 1 (Notice of Results of Disposition of Complaint and Accusation) and Eul's 2 (including recorded records, branch numbers), and Eul's 3 (Judgment and Busan District Court Decision 2017Ma681), the defendant, on October 24, 2016, rendered an insulting speech to the plaintiff during consultation with the students of Chigh School who work as part-time lecturers. The defendant was sentenced to a judgment of KRW 1 million on April 11, 2018, and the defendant appealed against this judgment and appealed on July 6, 2018, but the judgment on withdrawal of appeal became final and conclusive on July 6, 2018, the defendant is liable to compensate the plaintiff for damages caused by the above tort.

1) In light of the fact that the Plaintiff received money from D from April to December 2016 from May 2015 to November 201, 2016, it is difficult to recognize that the fact of recognition alone has a causal relationship between the Defendant’s insulting act and the Plaintiff’s interruption, or caused losses as alleged by the Plaintiff’s assertion, based on the following facts: (a) the Defendant is obligated to pay the Plaintiff the amount equivalent to KRW 12 million (2 million in total) of the aforementioned two students (2 million x 6 months). In light of the records, the Plaintiff’s emotional distress and the Plaintiff’s relation between the Plaintiff and the Defendant’s insulting act (200 million x 6 months). According to the records, it is difficult to recognize that the Plaintiff received money from E from the Plaintiff from the Plaintiff from the Plaintiff to December 2016 to the Plaintiff’s insulting act (2). However, there is no other evidence to acknowledge this portion of the Plaintiff’s assertion that the Plaintiff suffered emotional distress from the Plaintiff and the Defendant’s insult.

According to the theory of lawsuit, the defendant is liable to the plaintiff for damages of 2 million won.

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