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(영문) 서울고등법원 2007. 4. 11. 선고 2005나21403 판결

[손해배상(기)][미간행]

Plaintiff, appellant and appellee

Plaintiff (Attorney Nam-han et al., Counsel for the plaintiff-appellant)

Defendant, Appellant and Appellant

Seoul High Court Decision 2001Na14488 delivered on August 1, 200

Conclusion of Pleadings

March 7, 2007

The first instance judgment

Seoul Central District Court Decision 2003Gahap42560 Delivered on January 7, 2005

Text

1. The part of the judgment of the court of first instance that ruled against the plaintiff falling under the following shall be revoked:

A. Within 14 days from the date this judgment became final and conclusive, Defendant Chosun Shipbuilding Co., Ltd. published the title of “Correction Report” in the article publishing the article other than the advertising column in the article publishing the article in the second page of the article for Chosun Shipbuilding Co., Ltd., and then published the same correction report as the correction report in the attached Form 3 in the attached Form 12 form.

B. If Defendant Chosun Shipbuilding did not perform the duty described in Paragraph A(a) above, the Plaintiff shall pay to the Plaintiff 2,000,000 won per day from the day following the expiration date of the above period to the day the performance is completed.

2. The plaintiff's remaining appeal and the defendants' appeal are all dismissed.

3. The costs of appeal by the Defendants 2, 3, 4, and 5 shall be borne by the said Defendants. The total costs of appeal between the Plaintiff and the Defendants 2, 3, 4, and 5 shall be borne by the Plaintiff and the Defendants 3, respectively.

Purport of claim and appeal

1. Purport of claim

A. The Defendants shall pay to each Plaintiff KRW 200,000,000 with 20% interest per annum from the day following the day of service of a copy of the instant complaint to the day of complete payment.

B. The defendant Chosun Shipbuilding Co., Ltd. (hereinafter "the defendant newspaper company") published the title "Correction Report" in the article article No. 1 other than the advertisement column for the article No. 1 for which the first publication was not completed after the delivery of the judgment, and then published the title "Correction Report" in the article No. 20 in the article No. 1 for which the publication was not completed, and then published the attached Form No. 2 correction report (the plaintiff's claim) in the 12th master.

C. If the defendant newspaper company fails to perform the matters described in Paragraph (b) above within the period mentioned in Paragraph (b) above, the defendant newspaper company shall pay to the plaintiff 3,000,000 won a day from the day after the above period expires to the day after the execution is completed.

2. Purport of appeal

A. The plaintiff

The part of the judgment of the court of first instance against the plaintiff shall be revoked. The defendants shall pay to each plaintiff 175,000,000 won with 20% interest per annum from the day after the delivery date of a copy of the complaint of this case to the day of complete payment, and the above purport of the judgment as stated in Paragraph (c) above.

B. The Defendants

The part of the judgment of the first instance against the Defendants shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

Reasons

1. Basic facts, 2. Defamation and its contents, and 3. Whether illegality is justified or not

The reason why a member should explain this part is the same as the corresponding part of the judgment of the court of first instance, and therefore, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

4. The Defendants’ scope of liability

A. Scope of liability for damages

Since the plaintiff has damaged reputation due to the article of this case, and it is apparent in light of the empirical rule that the plaintiff suffered from mental suffering, the defendants have a duty to apply for money. In light of various circumstances revealed in the arguments of this case, such as the preparation of the article of this case, the background of the report of this case, the form and content thereof, the plaintiff's status, age, career, social weight in the press or reporter, and social influence, it is reasonable to determine consolation money to be paid by the defendants as 25,00,000 won.

B. Determination on a corrective statement

(1) The Plaintiff filed a claim for a correction report as stated in the attached Table 2, which is an appropriate measure for the restoration of reputation with respect to the Defendant newspaper company as well as the compensation for damage caused by defamation, and thus, considering the various circumstances shown in the argument of this case, it is insufficient to recover the damaged Plaintiff’s reputation merely by ordering the Defendants to compensate for damage. Therefore, the Plaintiff has the right to seek a publication of a correction report against the Defendant newspaper company, as an appropriate measure for the restoration of reputation pursuant to Article 764 of the Civil Act.

(2) Furthermore, in full view of the size, method and content of a correction report, the method and proportion of the article of this case specifically published, the method and content of expression, and other various circumstances shown in the argument of this case, it is reasonable for the Defendant newspaper company to post the title "Correction Report" in the article publishing the article excluding the advertisement column in the article publishing the article excluding the article column in the article publishing the article in the article in the 2th page of the Joseon Day within 14 days from the date the judgment of this case became final and conclusive, and then to post the same correction report in the attached Form 3 in the form of the 12th class master (this part of the Plaintiff's claim in this part is rejected).

(3) On the other hand, considering the various circumstances revealed in the argument of this case, it is probable that the defendant newspaper company will not publish the above correction report within a short time even after this judgment became final and conclusive, and the necessity of prompt restoration of honor is recognized in light of the plaintiff's social status. Therefore, if the defendant newspaper company fails to perform the duty to publish the above correction report, it is reasonable to have the defendant newspaper company pay to the plaintiff the amount equivalent to KRW 2,000,000 per day from the day after the above period expires until

C. Sub-committee

Ultimately, the Defendants are obligated to pay to each of the Plaintiff the damages amounting to KRW 25,00,000 and the damages amounting to 20% per annum under the Civil Act until January 7, 2005, which is the date following the date of delivery of a copy of the complaint of this case sought by the Plaintiff, which is the day after the date of delivery of a copy of the complaint of this case, to the Plaintiff, for the damages amounting to 25,000,000, and the damages amounting to 5% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The Defendant newspaper is obligated to make a corrective report as above for the restoration of the Plaintiff’s reputation and to pay the Plaintiff the indirect compulsory payment as above if not performed.

5. Conclusion

Therefore, the plaintiff's claim of this case against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is unfair in some different conclusions, part of the plaintiff's appeal is accepted, and the part against the plaintiff as to the claim for a corrective report among the judgment of the court of first instance is revoked, and the defendant newspaper company is ordered to make the above corrective report, and the remaining appeal of the plaintiff and the defendant's appeal are dismissed as it is without merit. It is so decided as per Disposition.

[Attachment 1] The article of this case is omitted

Judges Cho Jae-jin (Presiding Judge)