2017 Ghana 238540 Damages (ar)

A

1. B

2. C

3. D;

4. E.

5. F;

6. G.

7. H;

September 18, 2018

October 16, 2018

1. The Defendants shall pay to the Plaintiff 20,000 won, each of which is calculated by 5% per annum from December 23, 2014 to October 16, 2018, 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. 9/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendants.

4. Paragraph 1 can be provisionally executed.

From December 23, 2014, Defendant B, as well as its equivalent KRW 3,00,000, Defendant C, as from December 23, 2014; as from December 23, 2014, Defendant D, as from KRW 3,00,000; as from December 23, 2014, Defendant D, as to KRW 3,00,000; as from December 23, 2014, Defendant E, as to KRW 3,00,000; as to KRW 6,00,000; as to KRW 6,00,000; as from December 23, 2014; as to KRW 3,00,000; as to KRW 3,50,000; and as to these, from December 23, 2014 to the final payment of KRW 3,50,00; as to each of the instant charges, from March 1, 2014.

1. Facts of recognition;

A. The plaintiff received a notice of enlistment in active duty service and sent a K Declaration to K Kafin located in the Mapo-gu Seoul Metropolitan GovernmentJ on one day, and on the same day, the "L" media next to the "Internet portal" as "L", and the contents of the press conference on the day of the plaintiff were reported to the plaintiff as articles along with the plaintiff's photograph.

B. As to this, the Defendants prepared and posted comments on the said news on one day as follows.

A person shall be appointed.

A person shall be appointed.

C. The Defendants were subject to a disposition of suspension of indictment as to the suspicion of insulting the Plaintiff by posting each comments on the above comments.

[Ground for recognition] Each entry of Gap evidence Nos. 1 through 18 (including additional evidence) and the purport of the whole pleading

2. Determination

According to the above facts of recognition, the defendants are obligated to compensate for mental suffering suffered by the plaintiff since they posted an abstract judgment that may undermine the plaintiff's social reputation or a written comments containing a destructive sentiment against the plaintiff on the bulletin board of the Internet site where many and unspecified persons connect, and they committed a tort that insults the plaintiff. Furthermore, the amount of consolation money is reasonable to determine the amount of consolation money as KRW 20,00 for each defendant by taking into account various circumstances shown in the arguments, such as the contents of each written comments posted by the defendants, the reasons why the comments were written, and the circumstances after the comments were written.

Therefore, the Defendants are obligated to pay to the Plaintiff 20 million won and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from October 16, 2018, which is the date of the instant judgment, which is deemed reasonable to dispute about the existence or scope of the Defendants’ obligations, from the first day, which is a tort committed by the Defendants, to October 16, 2018.

3. Conclusion

The plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

Judge Maximum-fluench