beta
(영문) 서울중앙지방법원 2020.04.21 2019가단5087197

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

From September 1, 2017 to December 31, 2018, the Plaintiff served as the head of the Defendant Company B (hereinafter “Defendant Company”). The Defendant Company is a company that produces promotional videos, and the Defendant C is the representative director of the Defendant Company, and the Defendant D is the director of the Defendant Company.

B. Nonparty E, F, and G are the Plaintiff’s introduction to the outside company that performed the work with the Defendant company.

2. The parties' assertion

A. The Defendants committed a tort, such as provisional seizure of claims, by impairing the Plaintiff’s honor and insulting the Plaintiff as shown in the attached Form, and by having the Plaintiff not file a civil criminal lawsuit.

Since the Plaintiff suffered from material damage equivalent to KRW 10 million, such as mental damage equivalent to KRW 10 million and attorney-at-law fees, the Defendants are jointly obligated to pay the Plaintiff the amount stated in the claim as compensation for damages.

B. The Defendants are merely mentioning the Plaintiff’s misconduct in the course of an investigation to ascertain the actual state of the Plaintiff’s demand for illegal rebates, and there was no intent of defamation or insult, and there was no use of somewhat exaggerated expressions that constitute defamation or insult.

In light of the relationship between the plaintiff, E, F and G, there was no performance, and the important part was for public interest as a fact that is consistent with the truth.

3. Determination

A. Even in a case where a judgment on the claim for damages caused by defamation or a civil or criminal act damages a person’s reputation, if it is true and solely for the public interest, such act is not unlawful.

Here, “the time when it comes to the public interest” is related to the public interest when objectively viewed that the alleged fact is related to the public interest, and the actor also stated that fact for the public interest.