beta
(영문) 서울고등법원 2019.11.22 2019나2029219

반론보도 청구의 소

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's supplementary claim is dismissed in this court.

3...

Reasons

1. Basic facts

A. On November 10, 2018, the Defendant published the knives described in attached Form 2-1, stating that “F” as the title “F” from the C Press No. 19 on November 10, 2018, and “three female political parties, such as the Plaintiff, such as the Plaintiff, are blicking a knive of a knivem Internet.”

B. The Defendant posted the same content [Attachment 2-2] as “F” on the website (D) E page on the same day (hereinafter collectively referred to as “the instant forum”).

[Reasons for Recognition] No. 1, No. 1, No. 1, and No. 1, and the purport of the whole pleadings

2. Judgment on the main claim: Quotation of the judgment of the first instance; and

A. The court of first instance dismissed the Plaintiff’s primary claim, i.e., a claim for counter-performance and an application for indirect compulsory performance of its performance, on the ground that it is insufficient to recognize the fact that the Defendant made a unilateral assertion that the Plaintiff did not have any factual logic or that the Defendant had made a report on the factual assertion that the Plaintiff was a non-party with no intention to raise designation through the business marketing.

Even if the evidence presented in the first instance court appears to have been presented in this court, the instant blade only stated the negative comments or opinions against the plaintiff, rather than delivering specific facts in light of the overall appearance and context in light of the standard of general readers, and it is difficult to view that the first instance court reported factual arguments as alleged by the plaintiff. Thus, the fact-finding and decision made in the same purport is justified.

B. Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance as to the primary claim(s) 2 and 3 (s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(21 and 51

2. Judgment on the conjunctive claim

A. The Defendant’s factual assertion as stated in paragraph 2(a) in the instant blade.