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(영문) 서울고등법원 2019.01.30 2018나2049551
정정보도등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is to dismiss the "Plaintiff" of the 10th and 16th of the judgment of the first instance as "Defendant", and except for the addition of the judgment of this court to the reasoning of the judgment of the first instance, the reasoning of the judgment is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment of the defendant to the argument that the defendant emphasizes in the court below as stated in

2. Additional determination

A. The defendant's assertion that the article of this case is true or the defendant believed it to be true, and there are reasonable grounds to believe it as true, and thus, illegality is dismissed.

B. Even in the case of an act that defames another person by pointing out a fact by the media of the relevant legal principles, if it is solely for the public interest, it is proven that the alleged fact is true or not proven.

Even if an actor believed it as true and there is a considerable reason to believe it, it shall be deemed that there is no illegality. In this context, the term "when a publicly alleged fact is for the public interest" means that the publicly alleged fact is related to the public interest when objectively viewed, and an actor also expresses the fact for the public interest. In this case, whether the publicly alleged fact concerns the public interest or not may be damaged or damaged by the expression, taking into account all the circumstances concerning the expression itself, such as the detailed contents of the publicly alleged fact, the scope of the other party to whom the fact was published, and the method of expression.

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