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(영문) 춘천지방법원강릉지원 2020.11.10 2020가단31674
손해배상(기)
Text

The Defendant shall pay to the Plaintiff KRW 5,00,000, KRW 2,000,000 to the Plaintiff, and each of the said money from March 21, 2020 to November 20, 2020.

Reasons

1. Basic facts

A. Plaintiff A served as the 31st president (2017-2018) of the D organization (hereinafter “instant organization”); Plaintiff B served as the 23th president (2009-2010) of the said organization; and the Defendant served as the 26th president (2012-2013) of the said organization.

B. On February 21, 2018 and March 2, 2018, the Defendant posted a false letter that slanders A by accessing E of each of the instant organizations. On January 10, 2020, the Defendant was sentenced to a suspended sentence of one year for four months due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation), and the said judgment became final and conclusive around that time.

The specific criminal facts are as shown in attached Table 1.

C. In addition, on February 21, 2018, the Defendant posted a false article that slanders Plaintiff B by accessing the instant organization E, and on May 2, 2019, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) in the Gangnam Branch of the Chuncheon District Court on May 2, 2019, and thereafter, the Defendant’s appeal was dismissed on January 9, 2020, and the said judgment

The specific criminal facts are as shown in attached Table 2.

[Ground of recognition] Facts without dispute, significant facts, Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant posted a false article that slanders the plaintiffs to the organization E of this case, thereby seriously impairing the plaintiffs' honor.

As a result, the plaintiffs are obliged to pay consolation money equivalent to the mental damage suffered by them as compensation for the tort.

Furthermore, as to the specific amount of consolation money that the defendant should pay to the plaintiffs, the age and relationship between the plaintiffs and the defendant, the circumstances, contents and degree of each of the above defamation acts, the progress and contents of each of the above criminal cases, the existence and degree of the defendant's efforts for the recovery of damage, and all of the arguments in this case.

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