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(영문) 서울중앙지방법원 2018.11.07 2017가단5243337
손해배상(기)
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, and each of the said money, respectively, as to KRW 300,000,000, and KRW 400,000.

Reasons

1. Determination on the cause of the claim

A. The facts acknowledged by this court are as stated in the attached Form concerning the defendants among the grounds for the claim.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 5, 8 16, and 17 (including branch numbers), the purport of the whole pleadings

B. According to the above facts, the Defendants posted an article on the Internet bulletin board that enables a large number of unspecified persons to confirm the contents of the article, thereby harming the Plaintiff’s social reputation, thereby committing a tort to insult the Plaintiff. Accordingly, the Defendants are obliged to compensate for mental suffering suffered by the Plaintiff in cash.

When comprehensively considering the circumstances revealed in the arguments in this case, such as the contents and frequency of the comments made by the Defendants or posted, methods of expression, degree of insult, and circumstances after the period of insult, it is reasonable to determine the amount of consolation money as KRW 300,000 against the Defendant B, and KRW 400,000 against the Defendant C.

C. Therefore, as damages for tort, Defendant B is obligated to pay damages for delay calculated at each rate of KRW 300,000, KRW 400,000, and KRW 400,000, and KRW 5% per annum prescribed by the Civil Act from April 20, 2014 to November 7, 2018, which is the date the judgment of this case was rendered, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. If so, the plaintiff's claim against the defendants is justified within the above scope of recognition, and the remaining claims are dismissed without any justifiable reason. It is so decided as per Disposition.

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