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(영문) 대전지방법원서산지원 2017.11.08 2017가단52295

손해배상(기)

Text

1. Defendant B Co., Ltd.: 3,000,000 won and 5% per annum from June 17, 2017 to November 8, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Silsan City Council member, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a general daily newspaper company in Chungcheong area, and Defendant C is a news reporter who is in the Silsan City of the Defendant Co., Ltd.

B. On July 17, 2016, the Plaintiff was driving under influence (0.163% of blood alcohol concentration) and the driver’s license was revoked. On May 27, 2017, the Plaintiff was discovered to the police without a license.

C. On June 1, 2017, Defendant C prepared and sent to the Defendant Company an article with the same content as that indicated in attached Form 1 as “D.”

The Defendant Company compiled the contents of the article in attached Form 1 and posted the article (hereinafter “instant article”) of the same content as written in attached Form 2 at the bottom of the six pages of the Defendant C’s newspaper No. 2 on June 2, 2017 (scale 5.5 x 5.8 cm) by attaching the title “E” to the left-hand side (scale 5.5 x 5.8 cm).

E. The article of this case was posted on the Defendant Company’s website and portal site, and the article of this case was posted on the following, on the other hand, the article of this case was transferred to the NAVF (attached Form 3). The article of this case was posted on the bulletin board of the said Kaf, and comments were made against the Plaintiff.

F. On June 9, 2017, the Plaintiff resisted the Defendant Company, and the Defendant Company made a corrective report with the same content as “G” (attached Form 4) at the lower left-hand side of the six pages of the examination B on June 9, 2017 (scale 5.6 x 3.2 cm). Around June 2017, the Defendant Company requested the operator of the NAVP “F” to delete the comments posted on the said car page.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Claim against the defendant company

A. According to the above recognition of the liability for damages, among the articles sent by Defendant C to the Defendant Company on July 17, 2016, the Plaintiff was only controlled by driving without a license on May 27, 2017, and did not control driving without drinking, the contents of the article as to the circumstances discovered by the Plaintiff due to drinking driving on July 17, 2016.