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(영문) 창원지방법원 2020.12.17 2020나52808
손해배상(기)
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows: (a) the parties to the allegation emphasized or added by the court are added to the following: (b) the grounds for the first instance judgment are the same as the reasons for the first instance judgment; and (c) thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the court of first instance on the 3rd five pages of the judgment of the court of first instance on the same part shall be sentenced to "(1) of the first instance on February 25, 2020, as the appeal was dismissed on February 25, 2020, the above judgment became final and conclusive."

2. Additional determination

A. As to the assertion that the plaintiff suffered mental harm due to the denial of the defendant's crime, the plaintiff asserts that the defendant was present as a witness in the criminal trial or re-influence of the crime in the on-site inspection process, and that the plaintiff suffered mental harm.

However, all citizens are not forced to make a statement unfavorable to themselves in criminal cases (Article 12(2) of the Constitution of the Republic of Korea), and furthermore, the charge of public performance and obscenity among the charges against the defendant is affirmed not guilty. In related criminal cases, it is difficult to view that the denial of a criminal act by the defendant is illegal beyond the legitimate scope of the right of defense.

Therefore, the plaintiff's above assertion is not accepted.

B. As to the assertion of defamation, the Plaintiff asserted that the Defendant had damaged the Plaintiff’s reputation by making a false statement as if the Defendant had been in an internal relationship with the Defendant and the Plaintiff, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion

3. In conclusion, the judgment of the first instance is legitimate, and all appeals by the plaintiff and the defendant are dismissed. It is so decided as per Disposition.

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