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(영문) 서울남부지방법원 2019.10.24 2018가합112377
손해배상(기)
Text

1. The defendant,

A. Attached 1 to 3.00, published on the C website (D) within seven days from the date this judgment became final and conclusive.

Reasons

1. On December 26, 2016, the Defendant published the article listed in attached Table 1 (hereinafter “instant article”) of F, “C”’s website (D), and each article listed in attached Tables 2 and 3 of “G” (hereinafter “instant article”) of the same title on August 28, 2017, respectively, on the Internet homepage (hereinafter “C”); and each of the foregoing article “instant three articles” (hereinafter “each of the instant articles”).

The first head of the article 2 of this case is accompanied by the pictures included in the article and the Plaintiff’s snow voice, as described in the attached Table 4 List 1, which combines the Plaintiff’s snow voice, and the first head of the article 3 of this case is accompanied by the pictures included in the article and the Plaintiff’s snow voice in the attached Table 4 List 2 of which are combined with the Plaintiff’s snow voice.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion published the article of this case containing false compilations in bad faith by extracting only a part of the Plaintiff’s novels, thereby impairing the Plaintiff’s reputation by describing as if the Plaintiff dissipating the ethic doctrine and “E Assembly”.

Therefore, the Plaintiff seek against the Defendant the deletion of each of the articles of this case and each of the Uagab’s video posts listed in the separate sheet No. 4, and the compensation for damages suffered by the Plaintiff.

In addition, since the Defendant used the work as a means of impairing the Plaintiff’s honor, which is the author of the photograph attached to each of the articles of this case, the Defendant is liable to compensate the Plaintiff for damages due to the infringement of author’s moral rights.

3. Determination

A. As to the assertion regarding defamation, the court may, upon the victim’s claim, order a person who defames another person in the relevant legal doctrine to take appropriate measures for restoring honor, such as in lieu of, or in addition to, compensation for damages (see, e.g., Supreme Court

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