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(영문) 수원지방법원 2017.04.13 2016나65756
손해배상(기)
Text

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 following facts do not conflict between the parties, or each entry in Gap evidence Nos. 2 to 7, Eul evidence Nos. 1, 3, and 4 may be admitted, taking into account the whole purport of the pleadings:

The Defendant provides information and communications services through the Internet portal site “Niber,” and the Plaintiff is operating a blober ( Address B: hereinafter “the instant b”) on the above portal site as a member of the said “Nber.”

B. On March 13, 2016, the Plaintiff posted the article on the instant Blogs in the form of a link or a method of combining media articles that criticized the marketing of raw milk products of a stock company (hereinafter “Namyang”) for the remaining milk business (hereinafter “Namyang business”) with two computer programs, on the Internet homepage, and on the website, a file or text message to be moved to a designated, and on the website, the Plaintiff posted the article on the basis of defamation. On March 18, 2016, the Plaintiff requested the Defendant to delete the above article on the ground of defamation. On March 18, 2016, the Defendant took ad hoc measures on the grounds of Article 44-2 (Request for Deletion of Information, etc.) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) and the terms and conditions.

C. On March 21, 2016 and March 23, 2016, the Plaintiff posted 49 additional comments by linking media articles that criticize the behavior of remaining breast-feeding business to the instant Blogs, and the Defendant took ad hoc measures for the suspension of posting on March 22, 2016 and March 23, 2016 based on the request for the remaining breast-feeding business and the terms and conditions of the Information and Communications Network Act and the Defendant’s terms and conditions.

On March 25, 2016, the Plaintiff stated that “C” under the title “C” on the instant Blogs, “the Defendant takes ad hoc measure against South-North oil industry-related writing.”

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