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(영문) 서울고등법원 2021.01.28 2020나2008683
위약금 청구의 소
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. The reasons for the acceptance of the reasoning of the judgment of the court of first instance are as follows, except for the addition of the following “2. additional determination” to the allegations emphasized or added by the Defendants in this court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. As to the violation of paragraph (4) of the instant Declaration and the Defendants’ assertion 1), Defendant B did not commit any disadvantageous act against the Plaintiff and its executives and employees, including the media information, and thus, on April 5, 2018, it did not violate Article 4 of the self-declaration (No. 4, hereinafter “the instant Declaration”).

The argument is asserted.

2) According to the evidence evidence evidence No. 7, the fact that the Plaintiff filed a complaint with the Seoul Central District Public Prosecutor’s Office as a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and defamation by publication, which was found to have been a non-prosecution decision for lack of evidence on December 18, 2018 is recognized.

However, in full view of the statements in Gap evidence Nos. 2 and 7 and the purport of the whole pleadings, the defendant C operated by the defendants

The president of G Hospital was the president of G Hospital, and Defendant B was the president of G Hospital, and the Defendants were the president of the G Hospital. ② The instant commitment clause (4) of this case was to withdraw and suspend all acts of filing a criminal complaint, civil complaint, filing a civil complaint, accusation, press report, notice, banner, demonstration, etc. against the executives and employees of EF association and EF association directly or by any third party (including the principal’s family, person under his/her name, person under his/her own name, and person under his/her own name; hereinafter the same shall apply). In the future, the principal may directly or by any third party file a criminal complaint, file a civil complaint, inform him/her of the press, give notice to the media, give notice to him/her, and give notice to him/her.

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