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(영문) 서울서부지방법원 2018.07.04 2017가합34837
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company established for the purpose of franchise business related to food and beverage stores, and is a franchisor that runs franchise business with the trade name of “A,” and the Defendant is a terrestrial broadcasting company that produces and broadcasts a broadcast program of “D” (hereinafter “instant broadcast program”) as a terrestrial broadcasting company that plays the business of “G.”

Around 11:10 on April 25, 2017, the Defendant reported the Plaintiff’s member shop’s royalties, material costs, etc. under the title “C” in the instant broadcast program.

(hereinafter referred to as “instant report”). [The grounds for recognition] did not dispute, entry of Gap’s evidence 1 (including paper numbers; hereinafter the same shall apply), and the purport of Gap’s evidence 2’s video and voice, and the purport of the entire pleadings, the Defendant, via the instant report, damaged the Plaintiff’s reputation by openly expressing false facts as shown below 1.

Therefore, the Defendant is obliged to pay consolation money of KRW 100 million to the Plaintiff’s mental compensation due to such tort, and broadcast the report immediately before the commencement of the instant broadcast program, post the report on the Defendant’s broadcast company’s website (E) and the broadcast program’s website (F), and not post the report of this case in the form that it is possible to re-examine, download, etc.

The statement of number ① The Plaintiff’s franchise store used the most lower-class materials for saving the interior materials (such as others) while making the store owners pay excessive costs, so that the interior firm takes an unreasonable width.

(2) The Plaintiff is subject to white dust from the tetrasenal business entity.

③ Although there is no difference between the quality and the other, the Plaintiff takes a heavy interest by determining excessively high price.

④ The Plaintiff’s branch company

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