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(영문) 서울고등법원 2016.10.20 2016나2038809
손해배상(기) 등
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiffs are married with each other, and the plaintiffs A and D are between elementary school and the same.

From March 3, 2011 to March 3, 2011, the defendant is a person who has been divorced from D while the lawsuit in this case is pending.

B. On September 4, 2014, the Defendant sent a text message to the Plaintiff on several occasions, stating that “I will find in the future the house,” and “I will contact the Plaintiff’s husband (the Plaintiff’s husband). I will bring forward it into the Kakaoto. I will bring the Plaintiff’s complaint.” On October 23 and October 27 of the same year, the Defendant called the Plaintiff “I have evidence that I and D have sexual intercourse within the train.”

C. On November 17, 2014, the Defendant called the Plaintiff and D’s Dong Chang-dong, an elementary school of the Plaintiff and D, to mean that “the Plaintiff and D met with the wind on September 23, 2014 and October 15, 201.”

E transmitted the phone contents with the Defendant to F, G, and H, an elementary school, and such contents were disseminated to many of the members of the above elementary school, a group of 220 members.

Around December 2014, the Defendant filed a complaint with Plaintiff A and D via Twitter around December 2014, but revoked the complaint on February 2015.

E. The Plaintiff paid KRW 1,453,300 in total for medical treatment costs after being administered in a series of times due to acute stress reaction between November 10, 2014 and November 5, 2015, and November 17, 2015 through April 12, 2016, due to the Defendant’s aforementioned acts.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's statements, 1 through 3, 5 through 9, 12 through 14, 19, 24, 25 (including branch numbers), witness D of the first instance court, F's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The defendant asserted that the plaintiffs' families, including the plaintiffs' children who were the examinees in the third grade of high school due to the suspicion of their relations with the plaintiffs A and the sending of phone calls or text messages, etc., harming the peace of their families.

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