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(영문) 인천지방법원 2015.12.15 2015가단38278
손해배상(기)
Text

1. Defendant B’s KRW 1,00,000 as well as 5% per annum from April 22, 2015 to December 15, 2015 to the Plaintiff.

Reasons

Basic Facts

The Plaintiff and the Defendants listen to G among the FM programs of F radio stations, and have been exchanged with other audience by inserting letters on the Internet bulletin board of the program or individually communicating with each other.

Defendant B: (a) around April 22, 2015 through

4.23.Written statements as shown in Appendix 1 to 3 on a bulletin board, Defendant D and E, on April 22, 2015;

5. 13. Around 13.Written statements as shown in Attached Forms 2 and 4; Defendant C around March 18, 2015; and

4. Around 27. Around 27.m., each posted a notice of the same content as is written in Appendix 5.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 12 evidence, assertion of the purport of the entire pleadings, and the purport of the judgment of the plaintiff's assertion that the defendants posted the same article as that of the annexed sheet, thereby impairing the plaintiff's reputation. Thus, the defendants are liable to compensate the plaintiff for damages equivalent to the amount stated in each claim

In order to establish defamation caused by publication of Internet posts on the basis of evaluation, there should be a statement of specific facts that may undermine the social evaluation of victims.

In addition, whether the posting of a notice on the Internet constitutes a tort by destroying another person’s reputation should be determined on the basis of the overall appearance that the notice is given to the general public by comprehensively taking into account the objective contents of the notice, the ordinary meaning of the used words, the method of linking the words, etc. under the premise that the general public is in contact with the overall purport of the notice, and the meaning of the relevant expression should also be considered in light of the social flow that served as the background of the notice in question.

(see, e.g., Supreme Court Decision 2012Da4138, Jun. 12, 2014). Defendant B’s claim against Defendant B against April 22, 2015

4. 23.경 게시판에 게시한 다음과 같은 글 즉, “A씨.. 나 사람 그리 안 봤는데.. 완전 이중인격이네.. 양의 탈을 쓴 늑댄가 ”, "여기 계신 분들,...

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