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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is as follows, except for the addition of the judgment on the assertion that the plaintiff emphasizes up to this court, as set forth in paragraph (2) below, and thus, it is identical to the judgment of the court of first instance (it is justifiable in finding the facts of the court of first instance and determining the evidence submitted by the plaintiff in this court even if the evidence submitted by the court was presented by the court of first instance).
2. Judgment on the assertion that the plaintiff emphasizes
A. The Plaintiff’s assertion asserts that the FX horse trading business was not determined as gambling in the relevant criminal judgment, and there is no legal basis to readily conclude that it is gambling, the Defendant concluded that the Plaintiff’s business was gambling through the instant article and reported the Plaintiff company to the effect that it was illegal private financial business.
B. (1) Pursuant to Article 14 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports, a victim who requests a corrective report on the content of a press report on factual assertion bears the burden of proving that the press report is not true.
In such cases, when determining whether the reported fact is false, the purport of the entire content of the reported fact shall be examined. In a case where the important part is consistent with the objective fact, even if there is a little exaggerated expression or difference from the truth in the detailed contents, it cannot be viewed as a false fact.
(2) In addition to the overall purport of the evidence submitted up to this Court, the transaction of this case between the Plaintiff and its members is limited to allowing the Plaintiff to have its members choose only one of the sale or purchase methods by accessing the website, and allowing the FX-related transaction using the Plaintiff’s account.