logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.24 2018나2007427
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Plaintiff A, B, and C corresponding to the amount ordered to be paid below.

Reasons

1. The reasoning for this part of the lower court’s reasoning is the same as that of the relevant part of the first instance judgment (from No. 6 to No. 4). Thus, this part of the reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Defendant asserted that the Plaintiff infringed the Plaintiff’s religious organization’s personality rights, Plaintiff C’s personality rights and portrait rights, and Plaintiff D’s personality rights by repeatedly posting insulting, personal and personal information, such as the content of the instant notice, on the Internet car page opened in NAB, and thereby infringing the Plaintiff’s religious organization’s copyright, Plaintiff C’s voice rights, and portrait rights.

The contents of the instant notice were derived from prejudice and discrimination against the Plaintiff’s religious organization, and thus, constitutes typical hate expressions that reveal the Plaintiffs’ hates and sacrificings. As such, it is unlawful as it does not recognize freedom of religious expression and goes beyond the scope of legitimate religious criticism.

Therefore, the defendant is liable for damages against the plaintiffs on the ground of the above tort. Based on the one million won per time, the plaintiff's religious organization should pay damages of KRW 110 million for the plaintiff's religious organization, KRW 157 million for the plaintiff C, and KRW 15 million for the plaintiff D, respectively.

B. The defendant's assertion that the plaintiff's religious organization, from time to time, has caused social conflicts by filing a clans theory, causing various social conflicts by going beyond the ordinary level of social activities and religious activities. Some of the plaintiffs' religious groups' believers destroyed their families due to abuse, abandonment, or excessive religious activities according to the doctrine of the plaintiff's religious organization, and some of them are living in the state of economic lack after the donation of the entire property. The defendant's notice of the content of the notice and the video of this case is related to the plaintiffs' religious activities.

arrow