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(영문) 서울고등법원 2020.01.22 2019나2028445
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. The reasons why this court shall explain this part of the facts of recognition are the same as the entry of the "1. Facts of recognition" in the judgment of the court of first instance. Thus, it shall accept it as it is by the main sentence of Article 420

(However, the status of Defendant D as a co-defendant in the first instance trial; hereinafter the same shall apply). 2. The plaintiff's assertion

A. The film of this case seriously infringes the Plaintiff’s honor and personal rights by pointing out false information as follows.

1) I이 자살한 것이 아니라 원고와 원고의 오빠 N에 의해 살해되었다. 2) 원고가 강압적으로 I의 저작권을 시댁으로부터 빼앗았고, 9개월 된 영아를 낳아 살해하였다.

B. The film of this case is showing an interview picture of the Plaintiff, which was conducted without the Plaintiff’s consent to use the film and photograph taken by the Plaintiff without the Plaintiff’s permission, thereby infringing the Plaintiff’s copyright and the Plaintiff, I and K’s portrait rights.

C. The Defendants significantly damaged the Plaintiff’s reputation by pointing out false facts through news articles, media interview, etc.

3. Determination

A. The reasoning for the court’s explanation in this part of the Defendants’ tort related to the film of this case is as stated in the Notice Nos. 8, 20, and 11, and 8 of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

B. The reasoning behind this Court’s explanation on the Defendants’ illegal acts through articles, journalists, interviewM accounts, etc. is the same as that of the 11th to 24th to 19th to 11th to 24th to 19th to the judgment of the first instance, except for the following parts. As such, this is citing this in accordance with the main sentence of

Part 5 through 22 of the decision of the first instance court (the part concerning Co-Defendant D of the first instance court) shall be deleted.

Part 6 of the decision of the first instance court shall be "(3)" and "(2)".

Part 24 of the judgment of the first instance court shall be "(4)" as "(3)".

The first instance court.

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