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

A. The Plaintiff is a member of the Seoul Metropolitan Council with D Gu as a local district, and Defendant C is a representative of the local newspaper, “E,” whose main purpose is to report pending issues in the area of Seoul D Gu, and Defendant B is the reporter of Party E.

B. Defendant B is from January 21, 2016 to the same year.

2. 4. 4. E 1. As the title “F”, the article stating that “In particular, there is a novel that a member of the City Council of G Party A in this region had not been chested, such as the head of the team at the time of the Gu Office, etc., at the time of the D Office, has been working as a strike” (hereinafter “the article of this case”) was posted.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. Although the Plaintiff’s assertion did not directly refer the Plaintiff in the instant article, the “A Si Council member” of the Gu does not exist in addition to the Plaintiff, and thus, the said article is specified. However, even if the Plaintiff did not take a bath to the head of the team in charge, etc. like the instant article, the Defendant B committed a tort that damages the Plaintiff’s reputation by inserting false facts. As such, Defendant B and C, the employer of the Plaintiff, jointly and severally, are liable to pay the Plaintiff damages amounting to KRW 50 million and damages for delay.

B. (1) Determination shall be based on the overall appearance of the article, comprehensively taking into account the overall purport and objective contents of the article, the ordinary meaning of used words, and the method of linking phrases, etc., on the premise of a usual method in which the general readers contact the article, as to whether the article of the relevant legal newspaper or Internet news constitutes a tort by damaging another person’s reputation.

(See Supreme Court Decision 2015Da33489 Decided May 27, 2016). Meanwhile, in determining whether a factual assertion is true, it is specific not only to prove the existence of any fact actively, but also to prove the absence of any fact.