손해배상 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. The Plaintiff’s assertion did not receive money and valuables from entrepreneurs or employees of the Korea Resources Corporation at the time of the Plaintiff’s visit to Bolivia as well as from L. However, while the Plaintiff visited Bolivia as a resource diplomatic name, the Defendant reported false facts to the Plaintiff as if it received money and valuables from local business operators L, etc., while visiting Bolivia as a resource diplomatic name, thereby impairing the Plaintiff’s honor or social value.
Therefore, the defendant is obligated to pay 100,000,000 won to the plaintiff as compensation for damages caused by tort, and the defendant has the obligation to publish a correction report in the attached Form as appropriate disposition for restoration of honor pursuant to Article 764 of the Civil Code
In addition to the instant article, it is unclear whether the Plaintiff asserts that the honor of the Plaintiff was damaged by the entire Defendant’s exploration planning engineer or the Defendant’s article on January 19, 2014. However, it is difficult to view that the Defendant’s exploration planning engineer, except the instant article, constitutes a report related to the assessment of resource diplomacy and thus, the Plaintiff’s honor was damaged. Thus, the Plaintiff’s claim of this case is limited to the part related to the instant article.
3. Determination
A. Inasmuch as a claim for a corrective statement on a factual assertion is permissible in a case where a press report on a factual assertion is not true, it is necessary to first consider whether the Plaintiff’s instant report, which is the subject of the claim for a corrective statement, pertains to a factual assertion or simple expression of opinion.
The factual assertion is a concept substituted by an expression of opinion, the value judgment or evaluation, and its existence is based on evidence.