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1.The judgment of the first instance, including a claim for exchange change in the trial, shall be modified as follows:
Reasons
1. The court's explanation on this part of the basic facts is the same as the entry of "1. Facts recognized" among the reasons for the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. The summary of the Plaintiff’s assertion is that each of the instant reports is a false report, as otherwise specifically asserted in each of the following subparagraphs:
Therefore, with respect to each of the instant reports, the Plaintiff seek against the Defendant for the payment of damages for delay as stated in the purport of the claim from October 4, 2013, which is the date of final report to the date of complete payment, by applying the rate of KRW 3,000,000 per day in preparation for the case where the Defendant did not perform his/her obligation, with respect to the correction report, and by applying the rate of KRW 3,000,000 per day in proportion to the amount of indirect compulsory payment, and damages for delay from October 4, 2013.
B. According to Article 14 of the Act on the Classification of Expressions and Opinions, and the Remedies, etc. for Damages Caused by a press report on a factual assertion may file a claim for a corrective report on the content of the press report. As such, a claim for a corrective report is allowed in a case where a press report on a factual assertion is not true. Thus, in order to determine the legitimacy of a claim for a corrective report, it is necessary to first consider whether the original report, which the Plaintiff is the subject of the claim for a corrective report, is a factual assertion or a simple expression of opinion.
The factual assertion refers to the assertion of facts that can be judged by evidence as a concept substituted by an expression of opinion, the value judgment or evaluation of which is an expression of opinion.
Press reports are made in the form of mixing factual arguments and opinions.