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(영문) 서울고등법원 2015.07.30 2015나1767
손해배상(기)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the corresponding column of the first instance judgment is the same as the corresponding column of Article 420 of the Civil Procedure Act, in addition to the use of “Nonindicted E” as “E” on the part of the third part of the judgment of the first instance.

2. Summary of the parties’ assertion

A. Due to the Defendant’s Internet notice that slanders the Plaintiff, the Plaintiff suffered property damage of KRW 138 million in total due to the decrease in the number of H students in the Plaintiff’s operation, the decrease in sales of books written by the Plaintiff, the decrease in business travel fees, etc. (damage of KRW 48 million due to the decrease in sales of KRW 30 million in the application for a clinic).

The Plaintiff seeks payment of KRW 50 million as part of the claim, which is the sum of KRW 168 million, plus KRW 30 million for mental damage of KRW 138 million for the above property damage, as well as deletion of the Internet posted in the attached list as a claim for prohibition of infringement and payment of enforcement fines.

B. The Plaintiff is taking a semi-annual dynasium training for multiple dyslexians.

The Defendant’s act of putting up each posted on the Internet website, including the criticism that it is a 731 commander with regard to such homicide, constitutes a justifiable act that is within the scope of freedom of religion or freedom of expression or that does not deviate from social norms.

3. Determination as to the establishment of liability for damages

A. The freedom of religion of one religious part recognized as tort includes the freedom of mission to propagate one’s own believers and to identify new believers, and the freedom of mission also includes the freedom to criticize another religion or to recommend another believers of religion.

Religious propaganda and criticism against other religion, etc. are at the same time protected as freedom of expression.

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