홈페이지게시판 게시
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The plaintiff made a lot of comments on the defendant's website, and there are parts written differently from the truth or fact, and there are also contents to misunderstanding, so it is necessary to correct the errors of the articles written, and to post a letter to the effect that the defendant has a duty to post the articles written in the attached list on the homepage.
However, beyond a simple request against the Defendant, the Plaintiff’s performance of the “ obligation to post the Plaintiff’s assertion on the Defendant’s website”, such as the purport of the claim, must have legal or contractual grounds to claim for a trial against the Defendant.
However, since the Constitution, the Criminal Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the provisions of the Crime Victim Protection Act, which the Plaintiff presented as its basis, do not directly regulate the above obligations of the Plaintiff’s assertion, it is difficult to see that the above provisions directly cause the Defendant’s above obligations to the Plaintiff. Unlike other materials to see that the refusal of the above article constitutes a tort against the Plaintiff, it cannot be the basis for the provision regarding tort under the Civil Act, and furthermore, it is difficult to see that the provision regarding tort under the Civil Act exists merely because the Plaintiff made a lot of comments using the Defendant’s website during that period.
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.