정정및손해배상
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasons why this court should explain concerning this part of the basic facts are as stated in the corresponding part of the judgment of the court of first instance, except for adding “Evidence No. 5 and Evidence No. 11” to “No. 16 of the judgment of the court of first instance, L is still pending in the appellate trial,” which is “A, L is appealed to L, but the appellate court also rendered a judgment dismissing the appeal (which became final and conclusive on February 10, 2017).” The above judgment was changed to “No. 5 and Evidence No. 11” to “No. 17 of the judgment of the court of first instance,” and it is identical to the corresponding part of the judgment of the court of first instance, so it is cited as it is in accordance with the main sentence of Article 420
2. In relation to the Plaintiff’s claim No. 1, a witness A was at the site of the case, and the reporter belonging to the Plaintiff was undergoing the process of confirming facts through coverage with the investigator in charge, and in relation to the subject article No. 2, there was no agreement that the Plaintiff agreed to give a counterargument report through prior agreement, but there was no misunderstanding by itself.
However, the defendant reported through the first target article that a witness A was absent from the scene of the case, that the reporter belonging to the plaintiff had only one testimony with no coverage from the police in charge of the case, and that the plaintiff reported through the second target article that the plaintiff had made a counterargument report to G Violence news through the second target article as if he recognized the plaintiff's counterargument report.
Therefore, since the defendant has damaged the plaintiff's reputation through a false article, it is obligated to publish a correction report as stated in the attached Table 2 (in addition, indirect compulsory performance is also sought), and it is obligated to pay the plaintiff KRW 50,000,000 as compensation for damages for defamation.
2. Determination:
A. For defamation to be established by a statement of false facts in relevant legal principles, the alleged facts adversely affect the social assessment of a specific person, and should be false. A claim for a corrective statement is allowed in a case where a press report on a factual assertion is not true. As such, the legitimacy of the claim is justified.