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(영문) 서울중앙지방법원 2013.09.04 2012가단162865
손해배상금
Text

1. The Defendants amounting to KRW 8,000,000 for each Plaintiff and KRW 5% per annum from July 20, 2013 to September 4, 2013, respectively.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to the statements in Gap evidence Nos. 1, 2, 4, and 5.

The plaintiff is a juristic person engaged in the publication and sales of weekly newspapers, and the defendant incorporated association B (hereinafter referred to as the "Defendant incorporated association") is an organization established for the purpose of the commemoration project for F elected children. The defendant C is the representative of the defendant incorporated association, and the defendant D is the reporter of G incorporated foundation (hereinafter referred to as the "G") and the defendant E is the publisher and editor of B in the non-fluent information Internet website H.

B. The circumstances of the instant case were the relationship in which the Plaintiff posted the advertisement of the Defendant’s business conference on behalf of the Defendant’s business association. The Plaintiff won the unpaid advertising fee of KRW 21,500,000 against the Defendant’s business association and the final and conclusive judgment was made. Defendant C was preparing a civil suit claiming the return of the Plaintiff by asserting that the Plaintiff unduly infringed on the advertisement fee by unfasing the number of copies issued. Moreover, Defendant C posted the articles related to the Defendant’s business association reported by the Plaintiff in the Plaintiff’s newspaper on the Defendant’s website against Defendant C and repeatedly sent mobile phone text messages that may cause apprehensions to the I, a director general of the editing bureau of the Plaintiff’s business association, and filed a criminal complaint due to the violation of the Copyright Act.

C. Around May 2010, Defendant C of G-related defamation contacted Defendant D, a reporter of G, informed the victim of the above contents, and then filed a civil lawsuit against the victim company on May 19, 2010, at the above business conference office located on the third floor of Jongno-gu Seoul Jongno Office, Jongno-gu, Seoul, the day on May 19, 2010, and through a telephone interview with Defendant D’s reporter, “A newspaper, who provided coverage for the commemorative project, filed a complaint against the police against the business association for a suspicion of violating the Copyright Act,” and “a newspaper.”

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