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(영문) 서울서부지방법원 2016.10.19 2015가합38026

반론보도청구 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person running the business of manufacturing and selling E, and the Defendant is a company that operates its website (D) while publishing an online newspaper “C”.

B. There was a broadcast report stating that “H” was “H” in the FBC’s “G” program, stating that “A youth business operator, who received the E-production technology from I, the head of the E-Japan, is unfairly notified by the J, a partner, of the termination of the business contract and carries out a driving-down demonstration.”

C. On March 24, 2015, the Defendant posted the instant article on the website, as described in the attached Table 2 of “L” prepared by the reporter K affiliated with the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entries and videos of Gap Nos. 1, 2, 4, and 12 (including virtual numbers) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion presented the article of this case that: (a) the Plaintiff did not receive E technology from the Japanese head; and (b) the Plaintiff made SNS a statement that “the Plaintiff could have been recognized as the last day of his endeavoring to study E,” which included any false facts, the Prosecutor demanded a summary order of KRW 1 million, and (c) the Plaintiff explained to the Plaintiff about the material of 5 to 10 minutes, and reported that I did not engage in the 3th business, following the 3th business.

However, in fact, since the Plaintiff visited the I's rice rice house, and developed the original Lesath in E by referring to his skills, the article of this case reported false contents, and thereby, the Plaintiff's honor was damaged.

Therefore, the Defendant, as “an appropriate measure for recovery of honor” under Article 764 of the Civil Act, operates a counterargument report as shown in attached Table 1 (in addition, indirect enforcement is sought) and separately pays a solatium of KRW 3 million under Article 751 of the Civil Act.