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1. The part against the Defendants in the judgment of the first instance is revoked and the Plaintiff’s claim corresponding to that part is all satisfied.
Reasons
1. Basic facts
A. The Plaintiff is a terrestrial broadcasting company that runs a broadcasting business and a cultural service business with the entire country as a broadcasting zone and a viewing right.
Defendant A (hereinafter referred to as “A”) is a business entity that publishes online newspapers (C/C) and weekly newspapers.
Defendant B is a reporter of A.
B. Defendant B drafted the main title of “E” and “(referring to the Democratic Press Committee on the Democratic Press Headquarters of the National Press Workers’ Union Korea,” which refers to the Press Headquarters’s Democratic Press Headquarters. The report “F” as indicated in attached Table 2 below, as well as the articles as shown in attached Table 2 (hereinafter “instant articles”).
Defendant A posted the instant article on the media page of Dr. D. A.
(In fact that there is no dispute, entry of Gap evidence 1 and 8, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The Plaintiff’s assertion did not omit the report related to the party, but the Defendants intentionally omitted the report related to the party, and the fact that “the Plaintiff intentionally omitted the report, and the party news does not transmit the fact-finding,” thereby impairing the Plaintiff’s reputation by publishing the instant article.
Defendant A, as an Internet newspaper publisher, has the obligation to publish a correction report as shown in attached Table 1 in accordance with the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter referred to as the "Act on Press Arbitration"), and the Defendants are obligated to pay consolation money to the Plaintiff as a joint tortfeasor.
3. Determination
A. 1) Article 14(1) of the former Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (amended by Act No. 8852 of Feb. 29, 2008) provides that “Any person who suffers damage due to the failure of a press report to be true may file a claim with a press organization for a corrective report concerning the contents of the press within three months from the date the press report becomes aware of the existence of the relevant press report.” Thus, in order to file a claim for a corrective report under the above Act, the relevant press report is factually reported