손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts: ① from the election of a member of the 5th local council carried out by the Plaintiff on June 2, 2010, the Plaintiff was elected as a member of the Si Council for proportional representation of E City and was in operation of a Si Council member by February 17, 2014; ② The Defendant is the representative director of C of a stock company that publishes the newspaper (not less than twice a month) called “C,” and the Defendant is the representative director of C of a stock company that publishes the Internet site (D; hereinafter “instant site”) operated by C on April 2, 2013; the text written in attached Form 1 on May 28, 2013; and the text written in attached Form 2 on June 25, 2013, as well as the text written in attached Form 3 on June 25, 2013, there is no dispute between the parties.
2. 원고의 주장 요지 피고가 이 사건 게시판에 게시한 별지 1 ①~⑦항 기재 글, 별지 2 ①~⑪항 기재 글, 별지 3 ①~항 기재 글은 허위의 사실을 적시하여 원고의 명예를 훼손하고 원고를 모욕하는 글이므로, 피고는 원고에게 불법행위로 인한 손해배상으로 1억 원을 지급하고 위 글의 삭제할 의무를 부담한다.
In addition, since it is highly likely that the Defendant would impair the Plaintiff’s reputation or insult the Plaintiff in the future, the Plaintiff seeks a prohibition of the act described in the claim(3) and the payment of indirect compulsory performance stipulated in paragraph(4) to the Defendant.
3. Determination
A. In the case of claiming damages under Articles 750 and 751 of the Civil Act, not only objective requirements but also subjective facts such as intention or negligence are asserted as having suffered losses.
Therefore, a person who claims compensation for damages on the ground of defamation caused by a false statement of fact should prove that the alleged facts are false because they are not consistent with the objective truth, and that the other party recognized that the alleged facts are false and publicly stated.
"Defamation", which is a tort under the Civil Act, is an infringement on the objective evaluation received from society on human values, such as character, morality, reputation, and credit.