손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance, that is, the evidence submitted in the court of first instance, submitted to this court, each of the evidence No. 18 to No. 24, the recognition and determination of facts in the court of
Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance, except for those written or added as follows. Thus, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Use] Change of Defendant F’s “Defendant F” at the 7th bottom of the second judgment of the court of first instance to Defendant D.
The fourth sentence of the first instance court's decision is changed to the 14th sentence of the first instance court's 4th sentence "the 14th sentence after the first instance court's decision."
The 5th sentence of the first instance judgment is amended to “no ground exists to believe that there is no false ground,” and “no ground to regard it as false.”
The phrase “A 14” shall be changed to “A 13 through 15” at the third direction of the seventh bottom of the judgment of the first instance.
[Supplementary Parts] The following parts shall be added next to the seventh upper part of the first instance judgment.
(D) The Defendants asserted to the effect that, as the articles of comparison and posting are individually posted by Defendant C without Defendant D’s instruction, they are not advertising as an expression of intent in the area corresponding to the freedom of expression of Defendant C, but rather, advertising is not a deceptive advertisement or an unfair comparison, and thus, cannot be held liable for damages under the Advertisement and Advertisement Act on the premise that such advertisement is not an advertisement
In this regard, Article 2 subparagraph 2 of the Act on the Labeling and Advertising provides that "an advertising business operator, etc. shall widely inform or present to consumers of any of the matters referred to in the items of subparagraph 1 with respect to goods or services (hereinafter referred to as "goods, etc.") by telecommunications, etc. under subparagraph 1 of Article 2 of the Framework Act on Telecommunications and by other methods prescribed by Presidential Decree" and Article 2 subparagraph 1 (a) of the same Act refers to one's own or its own.