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(영문) 서울고등법원 2015.04.03 2014나2034698
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation on this part is as stated in the part “1. Basic Facts” from the second fifth to the fourth fourth fifth of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiffs, G, and H received a bribe through each of the instant articles by reporting false facts about the Plaintiffs, thereby impairing the reputation of the Plaintiffs, with the purport that “A public official in Y accepted a bribe by entering into a contract with a constructor to sell his own land at a price higher than the market price.”

Therefore, according to the above illegal act, Defendant G and H are the employers of Defendant G, and Defendant F are the employers of Defendant G, and Defendant NJ is the employers of Defendant H, who are obligated to compensate for mental damage caused by each illegal act.

B. The Defendants’ respective articles of this case did not specify the Plaintiffs as victims.

Each of the articles of this case is related to the public interest and is reasonable in its coverage process, the degree of effort to confirm the facts of the defendants, the method of expression, etc., so illegality is excluded.

3. Determination

A. The victim’s specific 1) In order to be recognized as defamation, the victim must be identified, and even if the article itself does not contain a person’s name so that it is difficult to recognize the victim’s identity, the victim should be identified if the victim can be identified as the victim in full view of the surrounding circumstances (see, e.g., Supreme Court Decisions 2008Da27769, Feb. 26, 2009; 2009Da49766, Oct. 29, 209). 2) The following circumstances are comprehensively taken into account the contents of the expression of each of the instant articles, evidence No. 16, evidence No. 4 and No. 5-1 and No. 2, respectively, and the entire purport of the oral argument as follows.

Articles posted by Defendant F among the articles of this case.

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