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(영문) 서울중앙지방법원 2021.02.17 2020가단5073927
손해배상(기)
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a person who carries out the work of publishing daily E and online online E in the daily newspaper.

On October 26, 2019, the Defendant posted an article of the same content as the attached Form (hereinafter “instant article”) on the Defendant’s website.

B. The instant article is related to the Supreme Court Decision 2016Meu2510 Decided October 23, 2019 (hereinafter “Supreme Court Decision”) that was rendered and rendered a social issue around that time.

The article of this case contains a relatively detailed basis in relation to a claim for confirmation of the absence of parental relation against a child born through artificial modification and a child born out of a marital relationship by his father, the contents of the decision of the Supreme Court of this case against the above lawsuit, the first trial, the second trial, and the general public’s view on the judgment.

(c)

Plaintiff

B was the spouse of a person who appeared as “AC (the father and the person who confirmed the absence of paternity)” in the article of this case, and the plaintiff C was the second child of the person who appeared as “AC’s two children.”

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including each number, hereinafter the same), and the purport of the whole pleadings

2. The summary of the plaintiffs' assertion infringed on the plaintiffs' reputation by pointing out the following false facts, or by insulting and dissipating expressions against the plaintiffs.

① The contents of the article’s title, “I am friendly with the Defendant’s son,” which is the title of the article of this case, contain false facts that Plaintiff B gave birth to Plaintiff C as an inhumane relationship, and that is, the article’s honor is prejudicial to the Plaintiffs.

In addition, the expression “influence” is an excessively insulting and defluenceous expression (hereinafter “i.e., expression”). ② Of the instant article, the expression “(3) A C at the time of birth.”

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