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(영문) 서울남부지방법원 2020.10.30 2020나55587
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the addition of the judgment on the assertion that the plaintiff added or emphasized in the trial, all of which are the same as the reasoning of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420

2. The addition;

A. In a case where the plaintiff damages another person's reputation by expressing the facts, when the plaintiff claims damages by claiming that the alleged facts are false or false evaluation as the cause of the claim, the burden of proof of the falsity exists on the plaintiff. However, in a case where the defendant asserts that the alleged facts are true and solely for the public interest, the burden of proof on the grounds that the illegality is excluded exists on the part of the defendant.

(see Supreme Court Decision 2005Da58823, Jan. 24, 2008). In determining whether a factual assertion is true, a person who actively asserts that a person who asserts that he/she was not subject to suspicion is not subject to suspicion in the event that it is a fact that is not embodied in a specified period and space, and that he/she was not subject to suspicion, bears a burden of presenting prima facie evidence to accept the existence of such fact, and the victim may prove the falsity by means of impeachment of the credibility of the materials presented.

(See Supreme Court Decision 2010Da60950 Decided March 28, 2013, etc.). B.

In light of the above legal principles, the instant case is Finin.

1. The Plaintiff posted an article that the Defendant made a speech in F or a press interview, or made a speech at the National Assembly by linking it to his/her page, i.e., “the Plaintiff distorted or embling 5.18 with the C Government data or support, and organized a maternity organization and formed funds together with the former information division personnel, etc., thereby raising funds systematically, such as 5.18 distorted.

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