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(영문) 수원지방법원 2007.10.5.선고 2007가합10514 판결

손해배상(기)

Cases

207 Gaz. 10514 Compensation (as referred to in this paragraph)

Plaintiff

Seoul High Court 1. Fluorium

Gyeonggi

2. Guang River;

Gyeonggi

Defendant

1. Defendant 1. Defendant 1’s daily report

Suwon-si

Representative Director;

2. Kim Jong-tae (591101 - 1)

Gyeonggi

Conclusion of Pleadings

September 14, 2007

Imposition of Judgment

October 5, 2007

Text

1. The Defendants shall pay to each of them 30,00,000 won, 50,000,000 won, and each of the above amounts with 5% per annum from April 13, 2007 to October 5, 2007, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are all dismissed.

3. The costs of lawsuit shall be borne by the Defendants.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The Defendants shall pay to each of the Plaintiffs KRW 100,00,000, and each of the above amounts from April 13, 2007.

Until the delivery date of a copy of the complaint of this case, 5% per annum and 20% per annum from the next day to the day of complete payment.

shall pay the amount at the rate of interest.

Reasons

1. Facts of recognition;

A. Status of the parties

The plaintiff Jung-gu's National Assembly member belonging to the local constituency Han-gu's National Assembly member, the plaintiff Jung-gu's member of the local constituency's National Assembly member, and the plaintiff Jung-gu's member of the local government head of the △△△ Gun's sub-election conducted on April 25, 2007. The defendant ○○ daily newspaper Co., Ltd. (hereinafter referred to as "defendant ○○ daily newspaper") is a news reporter of the defendant ○○ daily newspaper, a daily newspaper.

B. On April 13, 2007, the news report of the Defendants (1) on the news report by Defendant Kim Jong-chul published the article as shown in the attached Form (hereinafter “instant article”) on April 13, 2007 on the first page of the daily newspaper and on the Internet homepage operated by Defendant Il-sung. The instant article was published on the CDevelopment Company’s Internet homepage. The instant article on December 2, 2006

28. The above land has already been developed by various companies, but it was not possible to implement the project because it failed to obtain development permission from △△-gun. Furthermore, since it is known that the major shareholder of △△-gun's major shareholder is not only a member of the local constituency council and a graduate school motive and friendly relationship, but also a candidate who belongs to △△-gun's special election for △△△-Gun, and it is known that there is a suspicion that it is not a suspicion that it would give preference to apartment construction to C development company after A was elected as the head of Gun. (2) At the time of the article of this case in light of the contents of expression of the article of this case, readers were able to know that "the candidate of Gun National Assembly member belonging to the local constituency or the National Assembly member of Korea National Assembly is called the plaintiffs," and thus, the article of this case was specific to the plaintiffs.

C. Report of the article of this case

Defendant Kim Jong-tae, without confirming the facts based on the appeal written by an anonymous informant that the Plaintiffs were involved in the purchase of land in the Gyeonggi-do △△△△ Group △△△ Group.

D. After the report, the plaintiffs filed an application for mediation with the Press Arbitration Commission after the report of the article of this case. The results of the confirmation show that the land purchase case of the △△△△ Group was not related to the plaintiffs, and Defendant 000 Japan published the correction report of April 19, 2007 and the letter of apology on April 20, 2007, respectively.

(2) However, after the report of the article of this case was made, the article of this case, cited the article of this case on April 18, 2007, and circulated to each household of △△-gun △△-gun △△-gun △△-gun △, and other candidates participating in the special election of △△-gun △△-gun △△-gun △△-gun △ were punished by the duty to fill the plaintiffs on the basis of the contents of the article of this case. The plaintiff △△-gun △-gun △ △ △-gun △ △ was found

(3) On July 26, 2007, Defendant Kim Jong-tae was sentenced to a suspended sentence of two years in the case of violation of the Public Official Election Act, etc. in the branch court of Suwon District Court 2007Dahap59, etc., which was detained in relation to the news report of the instant article.

[Grounds for Recognition] The recommendation of confession under Article 150(3) of the Civil Procedure Act

2. Determination

A. The establishment of tort caused by defamation

According to the above facts, with respect to whether the plaintiffs were actually involved in the purchase of land in Gyeonggi-do △△△-gun, △△△△-gun, the defendants reported the above false facts on the basis of the appeal prepared by the anonymous informant without any confirmation of such facts, thereby infringing on the objective evaluation that the plaintiffs received from the society. In addition, considering the above circumstances of the report, etc., it does not seem that there are reasonable grounds to believe the contents of the report in the report of the article of this case as true, and thus, the illegality thereof cannot be dismissed. Accordingly, the defendants as joint tortfeasor should compensate each of the plaintiffs for damages caused by the above defamation.

B. Calculation of damages

The defendants, without any confirmation of facts, appears to have undermined the plaintiffs' external evaluations by reporting the article of this case via newspapers and Internet. In particular, any false facts contained in the article of this case slandered against the plaintiff's National Assembly member, who belongs to the local constituency of Hani-gun, Young-gun, and the local constituency of Hani-gun, and it seems that the head of △△△△-gun could lose the suspension and quality as the candidate for the plaintiff's Gangwon-gu, who was employed as the candidate for the head of Hani-Gun, at the 12th day before the news of this case. The defendant ○○ daily newspaper seems to have made efforts to prevent an impact on the election by inserting a correction report and a letter before the election day after the news of this case, and there seems to have been other efforts to block the influence on the election by posting the correction report of this case and a letter of apology before the election day. In addition, if the plaintiff was subject to criminal punishment after the news of this case, it is reasonable to pay the plaintiff's damages to the plaintiff 100 million won.

C. Sub-committee

Therefore, the Defendants, the joint tortfeasor, are liable for damages arising from the news reporting of the article of this case, and are obligated to pay to the Plaintiff Jung-gu, the amount of KRW 30 million, KRW 50 million from April 13, 2007 when the article of this case was reported, to October 5, 2007, which is the date of this decision, 5% per annum under the Civil Act, and to pay damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

Therefore, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges

Judges of the presiding judge

Judges

Judges

Site of separate sheet

A person shall be appointed.

A person shall be appointed.