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(영문) 서울중앙지방법원 2019.11.08 2017나78546

손해배상(기)

Text

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.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) each statement of evidence Nos. 41 through 71 (including paper numbers) (including paper numbers) which is insufficient to recognize the plaintiff’s assertion as evidence additionally submitted by the court of first instance; and (b) the end of September 14 (14) of the judgment of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following contents to the end of 14 (14). Thus,

“The Defendant B submitted a preparatory document that recognizes that the Plaintiff’s reputation was damaged by raising an article that slandered the Plaintiff, along with the articles of J press 9 months, on the basis of the erroneous information known to L, without verifying the specific facts in the trial.

However, in a case where there is a dispute over the result of the theory of legal prosecution on facts, the confession of the simple concept of law without any doubt as to the result of the theory of legal prosecution is a confession in court, but there is no reason to be bound by the court as the confession of so-called right (see, e.g., Supreme Court Decision 2006Da6836, May 11, 2007). Whether the writing written by Defendant B impairs the Plaintiff’s reputation can be disputed as a result of the theory of legal prosecution, and thus, Defendant B’s statement constitutes a confession of so-called right, and thus, the court is not bound by the court).

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be justified, and the plaintiff's appeal shall be dismissed. It is so decided as per Disposition.