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(영문) 서울고등법원 2017.08.18 2017나8458

추후보도 및 손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The court's explanation concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance. Thus, the court's explanation is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The first instance court rejected the claim for a corrective statement, article deletion, and claim for damages on the ground that the Plaintiff sought the publication of a corrective statement in the purport of the claim, and the content of the corrective statement is also using the expression “post corrective report”. The first instance court cited the subsequent claim for a corrective statement as well as the subsequent claim for a corrective statement and dismissed the claim for a corrective statement, article deletion, and claim for damages.

The Plaintiff stated to the purport of the appeal as of July 3, 2017 and the “reason for Appeal” column of the request for a change in the grounds for appeal. However, the first instance court ordered the Defendant to accept the Plaintiff’s request for a subsequent report and to publish the same subsequent report as indicated in attached Table 1. The Plaintiff clearly stated that ① claim for a corrective statement and deletion of article, ② claim for damages are only claimed in the “the purport of the changed appeal” column of the request for a change in the purport of appeal and the grounds for appeal as of July 3, 2017. In this case where only the Plaintiff appealed against the part, the Plaintiff’s subsequent request for a corrective statement and deletion of article, which was cited in the first instance court does not fall under the subject of the judgment.

However, the defendant alleged that he reported I pursuant to the judgment of the court of first instance, but according to the attached Form 1, the title of the post-report that the court below ordered the publication is "E" but the title of the post-report that the defendant posted I was "after the suspicion of suspicion of the chairperson of the NE"." The judgment of the court of first instance seems to have not indicated that the post-report title in attached Form 1 is "htp:/www." On the top and bottom of the article list of social articles on the Internet Gyeong Daily website (htp//www.kw.com).