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(영문) 서울중앙지방법원 2019.12.17 2018가단5123089
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff B is a parent of the deceased I (the deceased on August 7, 2015, hereinafter “the deceased”), who is a holder of State-designated intangible cultural heritage EF, G H, and the Plaintiffs are married.

B. The Defendants are married couple and operate the J, which is a performance organization combined with the Korean dance.

C. The Defendants indicated that “Defendant D is the grandchildren or descendants of the deceased, and received H from the deceased.” The Defendants publicized J’s performance on the website, such as K B Blogs, and the SNS account, and submitted materials stating the above contents to M Foundation, Gyeonggi-do, etc.

Plaintiff

B on May 17, 2017, the Defendant, even though having no relationship with the deceased, performed a public performance with his N Account by misrepresenting himself as a relative of the deceased. The Defendants, who misrepresented that he is a relative of the deceased, will suspend a business or a public performance.

On May 19, 2017, Defendant D puts his comments on rebuttals, and Plaintiff A puts his comments on his N Account again on May 19, 2017.

E. On April 2017, the Defendants asserted that “Defendant D is a son of the deceased. Nevertheless, the Plaintiffs spread false facts,” and filed a complaint against the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to false facts related to the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information and Communications Network Utilization and Information Protection (Defamation) due to the death of the deceased. However, on December 22, 2017, the Defendants issued a non-prosecution disposition without suspicion to the effect that “It is difficult to deem that the Plaintiffs were guilty

F. On January 2, 2018, Defendant C prepared and posted the following notices on his/her website (hereinafter “instant notices”).

J and I’s position on the relationship with NNN and present progress, May 2017, and He, a son, and a fraud, is in bad faith related to NNJ.

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