손해배상(기) 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The plaintiff alleged in the first instance court that the defendant damaged the plaintiff's reputation by publishing the article Nos. 1 and 2, and the court of first instance filed a claim for damages against the defendant. The court of first instance held that the article No. 1 among them has been attached.
A. The part and the claim for damages due to the publication of the article No. 2 is dismissed, and the article No. 1 (b) is dismissed.
Only the defendant appealed against the claim for damages due to the publication of the part, and only the defendant appealed, and the plaintiff and the defendant set forth in attached Form 1 article B at the trial.
There is a dispute over the liability for damages caused by partial publication.
In determining whether several news articles reported by the media have damaged the reputation of others, the establishment of tort shall be determined for each news article, unless there are special circumstances, such as that the article was planned and published as a news article. Whether a news article has damaged the reputation of others constitutes a tort shall be determined on the basis of the overall impression that the article presents to its readers, by comprehensively taking into account the objective contents of the article, the ordinary meaning of the words used, the connection method of the phrases, etc., under the premise of the ordinary method in which the general readers contact with the article, under the overall purport of the article. As seen above, although the plaintiff and the defendant were planning and published as a news article, they shall be determined on the basis of the overall appearance that the article
However, in light of the above legal principles, the subject of the judgment of this court is the claim for damages due to publication of the article No. 1.
2. Basic facts
A. Since 192, the Plaintiff is recognized as a professor of the department of the department of the Cuniversity, and in relation to the risk of Mad Cow Disease, the Plaintiff was infected by a human Mad Cow Disease with blood transfusion of an infected person in a debate held by S on May 8, 2008.
Raw materials of ingredients derived from cattle.