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(영문) 수원지방법원 성남지원 2018.01.16 2017가단200152
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, from January 2016 to June 2016, operated the name “D” from Seocho-gu Seoul Metropolitan Government, and from July 2016 to September 2016, the Plaintiff operated the automobile maintenance and parts sales store with the trade name “F” from Hanam-si to Hanam-si.

On the other hand, the defendant operated the car center of the same kind of business chain G.

B. Around May 2016, the Defendant informed H reporters of the fact that the recycling shock is being sold in the middle and high-speed shock cover, and on the basis of such information, etc., the news was broadcasted in I on June 6, 2016 on the basis of the risk of using the recycling shock.

C. The Plaintiff filed a criminal complaint against the Defendant’s above Defendant’s act under the charge of defamation by publication, but the Prosecutor of the Incheon District Prosecutors’ Office issued a disposition on November 8, 2017 against the Defendant without suspicion.

In light of the fact that the defendant's statement is consistent with the facts and the use of a heavy shock machine is about a public interest issue, such as safety of automobiles, it was not sufficient to recognize that the defendant made a false statement to the reporter with the purpose of slandering the vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6 through 11, Eul evidence Nos. 13, 17, and 20 (including additional numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant created a fake show similar to the Plaintiff’s products and provided false information to H reporters as if they were sold by the Plaintiff, and had them broadcasted via news.

The defendant asserts that he committed a tort that causes damage to the plaintiff by informing the Seocho-gu Office, the competent authority, the Seocho-gu Office, of these false contents, and sought compensation for damages of KRW 3 million against the defendant (=one million won for intangible property damage).

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