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(영문) 서울서부지방법원 2020.02.19 2018가합41740
정정보도 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is the representative of the organization called H (hereinafter “H”) as a person who conducts a sexual intercourse movement. 2) The Defendant Company published a daily newspaper “F” (hereinafter “F”) and operates the Internet homepage (I), and Defendant C, D, and E are reporters belonging to the Defendant Company.

B. On September 27, 2018, the Defendant Company posted an article as indicated in the Attachment 3 (hereinafter “instant article”) under the title of “G” on the instant daily newspaper and its website.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion was that the Plaintiff did not transmit fake news, and that it did not directly or indirectly have been involved in the operation of the J, thereby impairing the Plaintiff’s reputation by reporting the instant article containing a false fact that “the Plaintiff is the principal operator and distributor of the G, and is a person directly or indirectly related to the J.”

Therefore, the plaintiff primarily sought against the defendant company the publication of the correction report in attached Form 1, and the preliminary publication of the counterargument report in attached Form 2, respectively, and sought compensation against the defendants due to defamation.

B. The summary of the Defendants’ assertion 1) The article of this case is consistent with the objective facts and is not subject to a corrective report or counterargument report as to public interests, and is not subject to tort due to the elimination of illegality. In addition, the contents of the counterargument report sought by the Plaintiff are merely a unilateral opinion or arbitrary evaluation, not a new factual assertion, and does not meet the requirements for the counterargument report.

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