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(영문) 창원지방법원 2017.04.20 2015가단86004

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is running passenger transport business. Of the Plaintiffs, the remaining Plaintiffs and the Defendant are the employees of Plaintiff Co., Ltd.

B. Around May 2015, the Defendant filed a petition with the Changwon District Prosecutors’ Office stating that “Plaintiff Company received money and hired a driver, and the rest of the Plaintiffs except the Plaintiff Company provided, received, or delivered money in exchange for membership.” The Defendant reported the said fact to the reporters affiliated with MBC police.

According to the above information, the news of the contents, such as the report of the attached broadcast, was reported in the title “X” from the WBC TWWn 8 Si News Program.

(hereinafter “instant report”) C.

In the original district public prosecutor's office, the case was concluded because there was no suspicion as a result of internal investigation of the plaintiff company's corruption.

On the other hand, Y et al., the representative director of the Plaintiff company filed a complaint against the Defendant as defamation. However, on November 3, 2016, the Defendant was subject to a non-prosecution disposition by the Busan District Prosecutors' Office.

[Ground of recognition] A without dispute, Gap evidence 1, Eul evidence 4, Gap evidence 8-1's reproduction result, the purport of the whole pleadings

2. The Defendant alleged that the Plaintiffs asserted ① (a) employed the Plaintiff Company in return for money, and reported the false fact that the rest of the Plaintiffs except the Plaintiff Company provided, received, or delivered money for membership in the form of consideration for membership, to the MBC police, thereby impairing the honor of the Plaintiffs by allowing the said broadcasting station to report the instant report. ② By filing a false petition with the Changwon District Prosecutors’ Office, the Plaintiffs had mental stress experienced in the process of making the Plaintiffs attend an investigative agency and making the investigation.

Therefore, the defendant shall pay consolation money to the plaintiff company 20,000,000 won.