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(영문) 서울남부지방법원 2019.05.30 2018가합1330

반론보도청구

Text

1. The defendant,

A. Within seven (7) days from the date this judgment became final and conclusive, the first part of the list of articles, which is interviewed on C’s homepage (D).

Reasons

1. On June 12, 2018, on the Internet homepage (D) published by the Defendant, on the Internet newspaper (hereinafter “the instant news article”), the Defendant posted a type of interview news (attached Form 2; hereinafter “the instant news article”) with the content that the H “I” documentary media, whose production was suspended due to the management’s carbon pressure at the time of the lapse of the title of “G”, was broadcast at the end of the depression.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff, who served as the head of the JD Formation Headquarters for the Plaintiff’s assertion, was unaware of the suspension of production by KPD’s “I” documentary production under the direction of the Director General of L Content Production.

However, the Defendant, including the Plaintiff, posted the instant article to order the suspension of the production of the said documentary document, thereby causing damage to the Plaintiff’s social reputation.

Therefore, the Plaintiff seeks a counterargument report as shown in attached Table 1 in accordance with the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “ Press Arbitration Act”).

B. The Defendant’s expression of the article of this case is merely an abstract and subjective expression of opinion, and thus does not constitute a claim for objection, which requires factual argument.

In addition, the expression "a major management" indicated in the article of this case cannot be deemed to refer to the plaintiff. Since the content of the counterargument report sought by the plaintiff is clearly different from the fact and is irrelevant to the fact indicated in the original report, there is no legitimate interest in exercising the claim for objection against the plaintiff.

Therefore, the defendant has no obligation to make a counterargument report.

3. Determination

A. In order to claim a counterargument report pursuant to Article 16 of the Press Arbitration Act, whether the content of the instant article constitutes a statement of objective facts, the press report should be relevant to the factual assertion.

factual assertion is a value judgment or evaluation.