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(영문) 서울고등법원 2020.04.10 2019나2036811

정정반론청구

Text

1. The defendant's appeal is dismissed.

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

3. Paragraph (a) of the text of the judgment of the first instance.

Reasons

1. The scope of the trial of this court claimed a correction, counterargument report, and preliminary counterargument report as to the article in the judgment of the first instance (attached Form 2) at the first instance court (hereinafter “instant article”). The court of first instance rejected the Plaintiff’s primary claim and accepted only a counterargument report as to the article in this case’s article’s “I’s rear position as I’s witness” (hereinafter “instant article”) among the conjunctive claims.

In this regard, the defendant only appealed against the conjunctive claim cited by the court of first instance, and thus, the subject of the judgment of this court is limited to the preliminary claim on the key article.

2. Quotation of judgment of the first instance;

A. The Defendant’s primary grounds for appeal are clearly different from the fact that the Plaintiff’s main reason for appeal was N’s failure to provide the primary reason for the instant case to the Plaintiff’s members, and that the head of the distribution team P, who is responsible for I and B, was the Plaintiff’s members, and thus, it is obviously different from the Plaintiff’s content of the counterargument report, i.e., “it is not revealed that the Plaintiff was related to I’s contribution, including the prosecutor’s investigation or special investigation committee,” and thus, the Defendant may refuse the Plaintiff’s claim for objection, and the Plaintiff’s claim for objection report constitutes an abuse of rights.

The grounds for refusal of such a counterargument report must be proved by the defendant, but in light of the statement in Gap evidence No. 5, it is hard to see that the contents of the counterargument report that the plaintiff seeks only by the evidence submitted by the defendant in this court are obviously different from the facts, and there is no other evidence to acknowledge it. The mere fact that the defendant claims against the plaintiff does not constitute an abuse of right to claim a counterargument report under the Act

b) the Commission;