1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. From around 2007, the Plaintiff’s personal broadcasting (hereinafter “the instant broadcast”) is proceeding with the name “E (F)” as “D” at the Internet’s “C”, which is the Internet’s personal broadcasting site.

나. 피고는 2013. 7. 18. 이 사건 방송에 접속하여 불특정 다수의 시청자들이 보고 있는 채팅창에 대화명 ’G‘로 “이.년도 국회의원 한번 하려고 ㅈㄹㅈㄹ한다ㅋㅋㅋ”라는 글(이하 ‘이 사건 게시글’이라 한다)을 게시하였다.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 5-1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant has the duty to pay consolation money to the plaintiff, since it is obvious in light of the empirical rule that the plaintiff has suffered emotional distress by posting the notice of this case containing a indecent language in the hosting hold of the broadcast of this case, which can confirm the contents of the writing by accessing many unspecified persons, and that the plaintiff has suffered emotional distress.

Furthermore, as to the amount of consolation money, the broadcast hold of this case posts a letter of support or opposition in the short of real time, and it seems that the time during which the comments of this case were exposed to viewers is relatively short, and thus the possibility or influence of its dissemination is not significant. Considering the circumstances indicated in the arguments of this case, such as the content of the notice of this case, the degree of expression and the amount of amount of expression, it is reasonable to determine consolation money to be paid by the Defendant to the Plaintiff as KRW 10,000.

Therefore, the defendant, from July 18, 201, which was the date of tort, to July 18, 2013, pursuant to the judgment of the court of first instance, where it is deemed reasonable that the defendant's defense against the plaintiff as to the existence or scope of the obligation of performance is reasonable, shall be promoted by 5% per annum under the Civil Act until September 27, 2017, and from the following day to the date of full payment.