1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. At around 14:00 on March 18, 2017, the Defendant expressed a bath to the Plaintiff as follows: (a) in the D Museum parking lot located in Seongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, the parking management personnel, the names of victims, and the places where influences were located, due to the Plaintiff’s parking problems; and (b) the Plaintiff was given a great sound as “Chos, ices, and years which would have caused the death of the Plaintiff.”

B. As above, the Defendant issued a summary order on the facts constituting the crime that the Plaintiff publicly insultingd the Plaintiff (Chowon District Court 2017 High Court 2017 High Court 2017 High Court 4216), and requested formal trial therefor (Chowon District Court 2018 High Court 161). On February 12, 2019, the above court sentenced the Defendant to a penalty of KRW 500,000,000,000,000,000.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 3, 4, 5, and 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant insultings the plaintiff by taking a bath, etc., and it is obvious in light of the empirical rule that the plaintiff suffered mental damage due to the plaintiff. Thus, the defendant is obligated to compensate for the plaintiff's mental damage in money.

B. In light of all the circumstances indicated in the records of this case, such as health team, content and degree of insult, degree of mental suffering suffered by the Plaintiff due to the Defendant’s insult, circumstance after the Defendant’s insult, circumstance after the Defendant’s insult, relationship with the original Defendant, and fine to the Defendant in the relevant criminal judgment, etc., the consolation money for mental suffering suffered by the Plaintiff due to the Defendant’s insult should be determined at KRW 20,000.

C. Therefore, the Defendant, from March 18, 201, to March 18, 2017, the date of tort, to May 30, 2018, is 5% per annum under the Civil Act, and from the next day to the date of full payment, to the date of the first instance judgment, deemed reasonable for the Defendant to resist the existence and scope of the obligation.