(영문) 서울고등법원 2020.05.29 2020나2006311

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(영문) 서울고등법원 2020.05.29 2020나2006311

정정보도 및 손해배상 등

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1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Quotation of judgment of the first instance;

A. The Plaintiff’s ground of appeal is not significantly different from the Plaintiff’s assertion in the first instance trial.

However, in light of the facts and circumstances in the first instance court’s ruling, and the evidence submitted by the Defendant to this court, it can be deemed that there was a presentation of the following: (a) the facts alleged in each report of this case (hereinafter “proced facts”); (b) i.e., “the Plaintiff received KRW 100 million from G in return for the Plaintiff’s statement that he administered narcotics with G despite the administration of narcotics; and (c) the credibility of the materials presented by the Plaintiff only by the evidence submitted by the Plaintiff up to this court cannot be deemed impeachment, and therefore the falsity of timely facts is still not proven

In addition, whether the Plaintiff participated in the concealment of Narcotic drugs in G or whether it is related to public interest issues with the public nature and sociality, which contribute to the formation of public opinion or public debate, shall not be considered purely as belonging to the private sector of the Plaintiff’s individual.

In addition, insofar as the existence of a timely fact is acceptable based on the data or basis that the Defendant collected or submitted, even if the content of each of the instant reports differs from the truth in detail, as alleged by the Plaintiff, the Defendant may be deemed to have a considerable reason to believe that the timely fact is the truth.

B. Fact-finding and determination by the court of first instance with the same purport is justifiable. As such, the grounds for the judgment on this case are cited in addition to adding the same matters as described in paragraph (a).

2. The judgment of the first instance court is justifiable, and all of the Plaintiff’s appeal is dismissed.

참조조문

-민사소송법 제420조

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