logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.02.09 2016가단146376
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for the instant claim are as shown in the annexed sheet.

2. Whether liability for damages arises;

A. As to the notice posted on October 25, 2016, the Plaintiff asserted that the Defendant is liable to compensate for damages on the premise that the notice was posted. However, there is no evidence to support that the Defendant posted the above notice, and the above assertion is without merit without further examination.

B. On November 2, 2016, the Plaintiff asserted that the posting of the above writing constitutes tort since the Defendant posted a false writing, thereby impairing the Plaintiff’s reputation, and interfered with the Plaintiff’s business. Accordingly, the Defendant asserts that the Defendant’s posting of the above writing does not constitute an element of defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., or constitutes an element of interference with business under the Criminal Act, or that it constitutes an element of interference with business under the Criminal Act, or that it constitutes an element of interference with business under the public interest. Therefore, the Defendant asserts that the above posting of the above writing constitutes an unlawful act. 2) Although the Defendant did not dispute the posting of the above writing itself under the premise that it was an unlawful act, considering the overall purport of the argument in the statement in the evidence No. 2, the Plaintiff filed a criminal complaint against the Defendant as an defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., but the prosecutor of the competent public prosecutor’s office after which the Defendant rejected the Plaintiff’s appeal.

3. In conclusion, the plaintiff's claim is without merit and it is so decided as per Disposition.

arrow