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(영문) 대법원 2019.09.25 2017다254518
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court, based on the reasoning of the judgment of the first instance, determined that two of the irregular admission high school students indicated in the instant news report materials can be identified as the Plaintiffs.

The judgment below

Examining the reasoning in light of the record and relevant legal principles, the lower court did not err by misapprehending the legal doctrine on the determination of defamation victims, contrary to what is alleged in the grounds of appeal.

2. As to the ground of appeal No. 2, the lower court, on the grounds indicated in its reasoning, determined that the part related to the Plaintiffs in the news report of this case was not true since the contents of the instant sports performance certificate were not false.

On the premise of this premise, the lower court determined that it was difficult to view that the Defendant had a reasonable ground to believe that there was a true fact among the news report data of this case, on the grounds that the Defendant notified FK of the fact that it was true, and that the Defendant’s main reason for distributing the news report data of this case was to point out that the Defendant’s duty director general was unreasonable, but neglected to verify the truth of the content of defamation against the Plaintiffs.

The judgment below

Examining the reasoning in light of the record and relevant legal principles, the lower court did not err by misapprehending the legal doctrine on the elimination of illegality of defamation, contrary to what is alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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