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(영문) 대법원 2019.09.09 2019다208984
정정보도 청구 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the record, the lower court acknowledged the Defendants’ obligation to report false reports and to pay indirect compulsory payment in the event of nonperformance of such obligation, and to pay consolation money due to defamation through fact-finding and judgment as follows.

Around June 5, 2017 and June 19, 2017, the Defendant newspaper company, the Internet newspaper company, and the remaining Defendants, who are reporters belonging to the U.S. news, drafted and published an article on the homepage of this case, stating that “the Plaintiff entered into the instant contract related to the purchase and development of the instant land with K in an official report or discussion with K at the time when he/she works as the chief knowledge of the F. of the G religious organization, and would individually be guaranteed the benefit of 50 billion won.”

B. However, since the instant contract is a F company, not an individual of the Plaintiff, it is evident that the entity that received benefits according to the terms and conditions of the contract is also F company and is not the Plaintiff.

In addition, the instant land cannot be subject to the Ordinance on the Management of Real Estate of the Inspection, which prescribes matters concerning the preservation, management, and disposal of real estate owned by the inspection. Therefore, it cannot be said that the Plaintiff is obligated to obtain prior approval or make a follow-up report in relation to the instant contract, and it is reasonable to deem that the content of the instant contract was reported to the General Council of the G Religious Organizations, as the head of the general affairs of the G Religious Organizations was present when concluding the instant

C. Therefore, the contents of the above article constitute falsity.

The Defendants, without going through the process of detailed and objective review of the instant contract or relevant data, confirmation of the persons involved in the process of concluding the instant contract, etc., shall prepare the articles that indicate false facts on two occasions.

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