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(영문) 대법원 2019.12.24 2017다281114

정정보도

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The appeal is dismissed.

The costs of appeal are assessed against the defendant, including the part arising from the supplementary participation.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court ordered the Plaintiff to report each correction report listed in attached Forms 1-2, 1-3, and 1-4 as stated in the judgment below within the scope requested by the Plaintiff.

Examining the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the pleadings and the disposition right principle, contrary to what is alleged in the grounds of appeal.

2. As to the ground of appeal No. 2, the lower court determined that the Defendant publicly stated the 6th issue that the Defendant did not go against the prosecution or suspicion, but did not go against the bidding process, on the grounds stated in its reasoning.

Examining the relevant legal principles and records, the lower court did not err in its judgment by violating the rules of evidence concerning the statement of fact or by misapprehending the legal principles, etc.

3. As to the grounds of appeal Nos. 3 and 4, the lower court determined that it was false for the lower court to indicate or suggest the fact that there was a bid bonus in a situation where the bid bonus cannot be finally acknowledged as to the facts of the sixth issue, based on its stated reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the distribution of the burden of proof and the degree of proof regarding the falsity of articles, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the rules of evidence

4. The final appeal is dismissed, and the costs of appeal are assessed against the losing party, including the part arising from the participation in the assistance. It is so decided as per Disposition by the assent of all participating Justices on the bench.