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(영문) 서울중앙지방법원 2020.07.21 2019가단5049348

손해배상(기)

Text

1. The Defendants jointly share the Plaintiff with KRW 15 million and with respect thereto, 5% per annum from March 4, 2016 to July 21, 2020.

Reasons

1. Basic facts

A. Defendant C, a reporter of Defendant B Co., Ltd. (hereinafter “Defendant Company”), prepared an article to the effect that “E” (hereinafter “Nonindicted Company F, a representative director of the Plaintiff, served as a key role in raising funds for the president of the H of the G Company, and the Defendant Company posted it on B’s website (I).

Among the articles, “A president (=the Plaintiff) and the personnel alliance of the G company were known as figures who worked on behalf of the J company in charge of the G company and went to a house on behalf of the G company, and as a result, it was understood that they were received as a rapid growth company under the H president’s vision.”

On the day following the publication of the article of this case, the Defendant Company deleted the article on the day after receiving the claim of the Plaintiff.

B. Meanwhile, Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act”) was applied to the Seoul Eastern District Court on November 28, 2019 with respect to the instant article (a case where a person defames another person by openly exposing false information through an information and communications network with intent to defame another).

The Supreme Court sentenced 7 million won to a fine, and the appeal was dismissed, and the above judgment became final and conclusive.

The Defendant, at the end of February 2016, provided Internet newspaper company B B (State) reporters C with materials of articles related to victims, and “the core company of the GH H H fund-raising company is F.

F The president of H maintained friendship for a long time with H president and the long-standing president, and continuously offered H with the funds of H, and H against the audience and workers who received the funds of F.