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(영문) 서울남부지방법원 2020.08.13 2018나68566
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. From D around 1960, the Plaintiff purchased G in Yeonsu-gu Incheon around 1984, and created H religious organization (hereinafter “the instant Order”). Around 1984, the Plaintiff purchased G in Yeonsu-gu Incheon around 1984.

B. Defendant C is the representative of “AG” that publishes a monthly J (hereinafter “instant magazine”) and Defendant B is the chief director-general of the instant magazine.

C. Around June 2016, Defendant B published an article to the same effect as “S” (hereinafter “instant article”) in the title from June 48 to 53, 2016 of the instant magazine as “S.” (hereinafter “instant article”).

The Plaintiff filed a complaint against Defendant B on the ground that the instant article was false, and the Seoul Northern District Prosecutors’ Office (Seoul Northern District Prosecutors’ Office) rendered a summary disposition on May 11, 2017 due to the crime of defamation committed in publications.

On May 31, 2017, the Seoul Northern District Court issued a summary order of KRW 5 million to Defendant B, which became final and conclusive around that time.

E. On August 30, 2018, the Seoul Southern District Court rendered a judgment (2017Gahap114031, hereinafter “related judgment”) as follows, and the said judgment became final and conclusive around that time.

1. After this judgment becomes final and conclusive, Defendant C’s title in the page 48 of the “J” magazine published by Defendant C for the first time, shall be the same size and letter as that of ordinary articles, and the contents of the correction report shall be the same size and letter as that of the instant article.

2. If Defendant C fails to perform the obligation described in paragraph 1, Defendant C shall pay the amount calculated at the rate of KRW 1,00,000 per day from the day following the due date to the due date of performance.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, 6, 9, and 11 each entry

2. The assertion and judgment

A. The article of this case, the plaintiff's assertion of the cause of the claim, is false.

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