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(영문) 수원지방법원 2017.11.02 2017나61317

손해배상(기)

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if evidence submitted in the court of first instance and evidence submitted in this court are combined, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasons for this court’s assertion that the plaintiffs stressed as the reasons for appeal are the reasons for the judgment of the first instance except for the reinforcement determination as follows. Thus, this court cites it by the main sentence of Article 420 of the Civil Procedure Act

2. Judgment on reinforcement;

A. In principle, it became clear that a person who believed that his/her right was infringed by the presumed legal doctrine was not entitled to the determination of the legitimacy of the assertion through the remedy procedure provided by the law, because it is the exercise of the right allowed by the law.

Even if a procedure is conducted without objective rights at the beginning or without objective rights, it cannot be deemed unlawful unless there are special circumstances to recognize it as abuse of rights.

The abuse of rights here refers to the use of unlawful methods that are not scheduled by the procedure, such as deceiving, threatening or threatening the court or any other person who is aware of the absence of rights, or the use of the procedure as a means of bullying regardless of the original purpose of the procedure.

B. The 1st Plaintiffs asserted that the notice of this case contains any content that may be considered as defamation or personal attack against Defendant Shincheon, and that the first instance judgment also contains any content that may be considered as defamation or personal attack against Defendant Shincheon, even though the notice of this case was judged as not defamation, it is unlawful to determine that the notice of this case contains any content that may be considered as defamation or personal attack against Defendant Shincheon.

However, it is even.