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(영문) 의정부지방법원 2019.10.22 2019나2163
손해배상
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,688,752 as well as to the plaintiff on February 1, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff was the chairperson of the non-governmental organization C, and the defendant was the operating member of the above organization.

C received project expenses from the Council viewing and operated the D program, and in the process, the defendant raised an objection in relation to the issue of paying activity expenses to the plaintiff as a general preparationer for the project, as a supplementary instructor fee.

B. As to the above payment of the assistant instructor fee, the Defendant was convicted of a fine of KRW 5,00,000 on the charges of impairing the reputation of the victim by openly expressing false facts through an information and communications network for the purpose of slandering the Plaintiff by posting five times from September 26, 2016 to November 26, 2016, as indicated in the attached list of crimes, as the court below 2017Da4725, Feb. 1, 2018.

As to this, the Defendant and the Prosecutor appealed, and the appellate court (2018No469) rendered an appeal on January 8, 2019, on the grounds that each defamation occurred as of September 26, 2016, September 27, 2016, October 23, 2016, and November 7, 2016 among the facts charged as above, the appellate court rendered a verdict of innocence on the grounds that it is difficult to deem it false even if it constitutes a statement of fact: Provided, That the appellate court rendered a judgment of conviction only for the comments posted as of November 26, 2016, and sentenced a fine of KRW 1,00,000.

The prosecutor appealed against this, but the Supreme Court (2019Do1347) declared the dismissal of appeal on April 11, 2019, which became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 17, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) The establishment of liability for damages and restrictions (1) even if it is not bound by the facts established in a criminal trial in a civil trial, the facts recognized in the judgment of a criminal case which has already been convicted shall be a decent evidence, and thus, it shall be another evidence submitted in a civil trial.

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