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(영문) 서울서부지방법원 2019.08.22 2019나34088

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of the lawsuit after the appeal shall be borne by each person.

purport.

Reasons

1. Basic facts

(a) The Plaintiff-Party A shall be a company incorporated on May 26, 2016 for the purpose of the feet education business, etc., in which the Plaintiff-Party A notifies the sports law, and the Plaintiff-Party B shall be its representative and the instructor.

The defendant is a twitner and a physical clinic who manages sports players as the representative of "D", which is a physical therapy center.

B. Around February 2, 2018, the Defendant prepared and posted the Defendant’s instant bulletin to SNS E (E) containing the following contents (hereinafter “instant bulletin”) with respect to the Plaintiff B (hereinafter “instant bulletin”).

F F F F F / F / F without dispute, Gap evidence Nos. 1, 3, 4, and 6, Eul evidence No. 1, video, and purport of the whole pleading

2. Judgment on the plaintiffs' claim for damages

A. The gist of the assertion argues to the effect that, although it is obvious that the posting of this case is a false fact without any basis, the Defendant publicly posted the instant posting as if it were a fact that the posting of this case was a true fact, thereby undermining and insulting the reputation of the Plaintiffs, and thus, the Defendant sought payment of the money stated in the purport of the claim as a compensation for mental damages.

(A) A juristic person may be an honorary subject, so long as the subject of the act is not specifically distinguished, it shall be judged by the term "Plaintiffs" (hereinafter referred to as "Plaintiffs").

Judgment

1) In full view of the contents and expressions of the instant bulletin as seen earlier, and the overall purport of the instant bulletin, the purport of the instant bulletin is that “the Plaintiff’s act of providing the general public with various fees for physical therapy without any lawful license, such as physical therapy, is unlawful.” It is reasonable to deem that the Plaintiff damaged the reputation and credit of the Plaintiffs by raising an appearance that the Plaintiff would have engaged in the business of illegal licensing or education. However, it also constitutes an act of impairing the reputation of others under the civil law.