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(영문) 부산지방법원 2018.02.07 2017나3762
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff retired while serving in the Geumsan-gun District Court, and the Defendant currently served in the field of Gwangju District Court.

B. On November 6, 2012, around 15:13, the Defendant posted a notice on the D bulletin board among the communities of the Kotnet, a computer network within the court, as “E”. On this, the Plaintiff and the Defendant sent comments as shown in attached Table 2.

C. On February 18, 2013, the defendant filed an application with the Gwangju District Court for a payment order against the plaintiff on the grounds that the plaintiff infringed on the defendant's personality rights by inserting comments on the comments as stated in attached Tables 2 and 3 and posted comments as stated in attached Form 4, and the defendant filed a written objection on February 28, 2013, and the Gwangju District Court rendered a judgment on October 15, 2014 that "the defendant (the plaintiff in this case) shall pay 5 million won to the plaintiff (the plaintiff in this case) and 5% per annum from the following day to October 15, 2014, and 20% per annum from the day of complete payment."

(2013dan27621) d.

From February 19, 2013 to February 28, 2013, the Defendant sent the text messages as stated in attached Form 5 to the Plaintiff. The Defendant sent the text messages as stated in attached Form 6 to the Plaintiff.

E. The Defendant filed a petition with the National Human Rights Commission of Korea to the effect that the part under which the Plaintiff posted the comments Nos. 11 and 13 constituted sexual harassment against the co-defendant C of the first instance trial (hereinafter “C”), and that the correction thereof would be sought. The National Human Rights Commission of Korea, May 22, 2014, refers to the Plaintiff’s debate through the Defendant’s comments.

The debate is not the direct party of C, evaluation of the appearance of female C, or smelling in the body of “A,” and expressed maliciously C’s body, such as “in high, and defect in disclosure verification,” and the content of these comments are inside the country in which the entire public official of the court is accessible.

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