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(영문) 서울서부지방법원 2019.01.16 2018가합34667

손해배상청구 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff is a person who was G from around December 2, 2010 to June 2014 from around June 2014 to around May 2017.

Defendant B (hereinafter “B”) is a company that produces and broadcasts the broadcast program “D” (hereinafter “instant broadcast program”) as a terrestrial broadcasting company, and Defendant C Co., Ltd. (hereinafter “C”) is a company that operates the instant website (E; hereinafter “the instant website”).

On February 28, 2018, Defendant B reported the same content as the attached Form 3 in the instant broadcast program, which was broadcasted on the same day, and Defendant C posted the same content as the attached Form 3 under the title of “H” and “I” on the same day.

(2) The Plaintiff’s assertion of the purport of the Plaintiff’s argument in the entirety of the pleadings and evidence Nos. 1 through 4, and Nos. 1 through 1, and Nos. 1 through 4, and the Plaintiff’s assertion of the purport of the entire pleadings through the instant report that “the Plaintiff received KRW 100 million from a non-company of the defense industry company called J Group during the Plaintiff’s visit at Washington, and recognized the fact that the Plaintiff received money from the reporter” (hereinafter “the Plaintiff’s assertion report”), thereby impairing the Plaintiff’s reputation. As such, the Defendant is obligated to pay KRW 110 million for the Plaintiff’s emotional compensation for damages caused by the tort of defamation, as well as damages incurred therefrom, and to report and publish a correction report Nos. 1 and 2, in accordance with the Act on Press Arbitration and Damage Relief, etc.

Judgment

Although the contents of reports on the facts that objectively undermine the social evaluation of victims expressed in the form of news articles, such as a novel, a third party's speech, or a news report, which is not a decent expression, it is expressed in the form of news articles, it is suggested that the facts can exist in view of the purport of the entire expression.