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(영문) 서울동부지방법원 2015.03.18 2014나20471

손해배상

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are dentists operating the “E dental clinic” in Seocho-gu Seoul Metropolitan Government, and the “E dental clinic” is one of the dental hospitals established in the area of 108 within the Republic of Korea under a contract among the persons holding a dentist’s license.

The Korean Dental Association (hereinafter “Defendant Association”) is a benefit organization consisting of dentists and is an issuer of “F”, Defendant B is an editor of “F”, and Defendant C and D are F’s reporters.

B. On November 5, 2012, Defendant C published F’s news articles (hereinafter “instant news articles”) and attached Table 2 (hereinafter “instant news articles”) on November 8, 2012, and published them in F, respectively, by combining the instant news articles 1 and 2, and Defendant C published them in F on November 8, 2012 (hereinafter “instant news articles”). Defendant C published the attached Table 3 (hereinafter “instant news articles”).

C. As a result of the research conducted by the Korea Food and Drug Administration (hereinafter “Food and Drug Administration”) of the Food and Drug Administration of the Food and Drug Products (hereinafter “Food and Drug Administration”), Embrate Co., Ltd. from around December 201, 201, supplied more than 45,025 food fixings manufactured by AmM and sold them to Emb and 80 points. The Food and Drug Administration, around October 23, 2012, issued an order to suspend the sale of the product at issue with respect to AmM products on October 23, 2012, after notifying the relevant persons, including the Defendant Association of the suspension of the use of the products and the subject matters to be recovered, and after visiting the Food and Drug Administration (hereinafter “Korea Food and Drug Administration”) on October 24, 2012, 2000 and 210 KM to collect medicine products as above, 1.20 KMM et al. and 21, 2012.