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1. The Defendant shall pay to the Plaintiff KRW 10,00,000 as well as KRW 5% per annum from B to April 19, 2017 and the next day.
Reasons
Description of Claim
Attached Table 1 shall be as follows.
The part of the claim for damages that partly dismissed under Article 208 (3) 2 of the Civil Procedure Act by a confession as to the part of the claim for damages is that the plaintiff suffered from damage caused by the defendant's report on the article in attached Form 4 (hereinafter "the article in this case"), and thus, the defendant is obligated to pay the plaintiff KRW 100,000,000 as damages.
The amount of consolation money is a matter to be examined ex officio and cannot be determined at the discretion by itself as a confession or a confession (see, e.g., Supreme Court Decisions 66Da1872, Nov. 29, 196; 87Meu57, Feb. 23, 198). The amount of consolation money for mental suffering caused by defamation may be determined at the discretion, taking into account the various circumstances shown in the pleading by the court.
In full view of the social status of the Plaintiff and the Defendant, the types of news media, the title and content of the instant news articles, the background of the news reports, and the circumstances after the news reports, etc., it is reasonable to determine the amount of damages that the Defendant is liable to compensate for to the Plaintiff as KRW 10,000. As such, the Defendant is obligated to pay to the Plaintiff 10,000,000, and as sought by the Plaintiff, 5% per annum as prescribed by the Civil Act from the date of the news report to April 19, 2017, which is the date of the instant judgment, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
Therefore, the plaintiff's claim for this part is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are groundless.
The plaintiff asserts that the part of the request for a corrective report should include the contents that it is reasonable as stated in the attached Form 3, such as the correction report (request).
However, in accordance with Article 764 of the Civil Code, an advertisement of a crime is an "reasonable measure for the recovery of honor".