손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 26, 2010, the Seoul Regional Police Agency cybercrime guard published on May 26, 2010 that the Plaintiff secured internal statements that the Plaintiff used KRW 16 million out of KRW 180,000,000 (including KRW 8,000,000,000 for the Plaintiff’s use) for daily living expenses.
B. On the 28th of the same month, the Defendant, a media organization, posted an article of “D” (hereinafter “instant article”) containing the following contents on the Defendant’s Internet homepage:
The restrictions on the Kapet flag, which is hot in the negative value, are causing a social strike. Because some of the gapetists and organizations show their loyalty to a certain degree, other seven Kapets have used public funds of KRW 180 million among other Kapets for their daily living costs.
C. On March 8, 2011, the Plaintiff was indicted for embezzlement with the purport that “the Plaintiff consumed 500,000 won out of the sales price of the Kamera sold after purchasing it as a victim C’s official support payment for personal purposes.” However, on September 7, 2012, the Plaintiff was acquitted of the crime of embezzlement, and the said judgment became final and conclusive on January 14, 2016.
On June 7, 2016, the Plaintiff filed a lawsuit against the Defendant for subsequent reporting under Article 17(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports and for claiming damages arising from defamation.
(2) On the 16th day of the same month, the Plaintiff submitted an application to modify the purport of the claim on the 16th day of the same month, stating that “the Plaintiff would expand the future claim amount to KRW 2.8 billion.” The Plaintiff submitted the document stating “the basis for calculation of damages” and the said KRW 2.8 billion was due to the 1.8 billion members’ defamation, the 1.8 billion members’ emotional material damage caused by defamation against the Plaintiff, the representative of the organization, and the 50 billion members’ behavior.