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1. The Defendant’s KRW 50,000 and the Plaintiff’s 5% per annum from February 14, 2016 to December 5, 2018.
Reasons
1. Facts of recognition;
A. From February 2007, the Plaintiff is operating an individual broadcasting station called “F” and “G” as the clinic of “E” in Internet personal broadcasting D operated by the Dispute Resolution Co., Ltd. from around February 2007.
B. On February 14, 2016, the Defendant posted an article on the FF Corresponding shop that “Is the seeds of the pit as soon as possible are not required to be fluored,” but that “Is the content of “Is the stopin s topin s topin.”
(hereinafter “instant criminal act”). 【The ground for recognition】
2. Determination
A. According to the above facts, the defendant committed a tort against the plaintiff, and since it is obvious in light of the empirical rule that the plaintiff suffered mental suffering, the defendant is obliged to pay consolation money to the plaintiff.
B. The amount of consolation money that the Defendant is liable to compensate the Plaintiff shall be determined as KRW 500,000,00 in consideration of the form of the instant criminal act, the content of the posted text, etc. revealed in the process of the instant
C. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 50,000 for damages and the amount calculated by the annual interest rate of 5% under the Civil Act from February 14, 2016, which is the date of the service of a copy of the complaint of this case, to December 5, 2018, which is the date of the service of the copy of the complaint of this case, 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Amendment until May 31, 2019, and 12% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings after Amendment from the next day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is partially reasonable within the scope of the above recognition, and it is so decided as per Disposition.