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(영문) 서울중앙지방법원 2017.07.06 2016나84551
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff served as a former member of the National Assembly, and as an attorney-at-law, served as a broadcaster while contributing to the programs of many broadcasting companies.

(b) For daily sports:

F. With respect to filing a complaint against those who written malicious comments by the Plaintiff, “G” prepared an article as referred to in item (a) and offered it to NAV, a portal site, and the comments written by the Defendants on the above article are as follows.

Defendant B is congested with the content of his name comments.

왜그러고사냐 피고 C ㅆㅂ 부끄러운줄 알아야지 피고 D 이런 미진 쉑~~~~~~~~ 피고 E 소오름.. 이쯤되면 정신과 전문의랑 상담한번받아보시져 A형 【인정근거】 다툼 없는 사실, 갑 제1 내지 6호증의 각 기재, 변론 전체의 취지

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendants committed a tort that insults the Plaintiff, stating malicious comments on the articles related to the Plaintiff, and thereby suffered emotional distress due to the spread of negative perceptions about the Plaintiff. The Defendants asserted that they are liable to pay 1.5 million won, respectively, as compensation for emotional distress damages to the Plaintiff.

B. Even in a case where a written determination contains an insulting expression, in light of the motive, circumstance, and background behind the posting of the written text, the overall purport of the written text, specific method of expression, logical and objective validity of the premised fact, the weight of the insulting expression in the entire text and its overall contents, etc., one’s opinion as to whether the relevant facts or surrounding issues and the attitude of the victim took place are reasonable, based on the premise that the written text is objectively reasonable, and partly in the process of emphasizing that one’s own decision and opinion are reasonable.

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