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(영문) 서울고등법원 2015.12.11 2015나917

손해배상(기) 등

Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff

AU’s instant lawsuit is dismissed.

B. The defendant is the plaintiff.

Reasons

After remanding, Plaintiff AG, AK, AK, AU, AY, AY, BL, BV, CH, CK, CU, J, DF, DJ, and network BH (hereinafter “Plaintiff journalist”) claimed damages for which the Defendant sought payment of KRW 100 million each on the grounds that the Defendant exercised illegal public authority, such as advertising pressure, etc., in the first instance court, and combined with this, the first instance court dismissed all of the above Plaintiffs’ claims.

On the other hand, the plaintiff journalist filed a claim for damages around the appeal, and the plaintiff journalist additionally filed a claim for damages under Article 36 (1) of the Framework Act on the Settlement of Former History (hereinafter "the first preliminary claim for damages of this case") and the claim for damages due to the loss of trust granted by the defendant (hereinafter "the second preliminary claim for damages of this case") and the conjunctive claim to maintain the claim for private action. The court prior to the remand dismissed the appeal as to the above plaintiffs' primary claim for damages of this case and dismissed all the first and second preliminary claims for damages of this case.

On the other hand, the plaintiff journalist filed an appeal against each of the main claims of this case, 10,000,000 won among the main claims of this case, 10,000 won and the claim for advertisement of private crimes. The Supreme Court dismissed the above plaintiffs' appeal against the claim for advertisement of private crimes, but the judgment of the court prior to the remand by accepting the above plaintiffs' appeal against the claim for damages and remanded it to the trial court.

Therefore, the part of the plaintiff journalist's main claim of this case, 90,000,000 among the main claim of this case, 1, and 2 preliminary claim of damages, and the part of the claim for advertisement of private crime was separately determined by the above decision of the Supreme Court.

Therefore, the subject of the trial is about 10,000,000 won among the main part of the case, i.e., the main part of the case, i., the first and second conjunctive damages against the defendant.