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(영문) 광주지방법원 2018.05.24 2017나57133
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Defendant, which caused the Plaintiff’s claim, was present as a witness of the criminal case filed by the Plaintiff as the witness of the criminal case, and brought a civil petition against the Plaintiff, which caused the Plaintiff to the effect that “after the Plaintiff was subject to secondary management at C points around April 2013, the Plaintiff was responsible for paying consolation money for the Plaintiff’s emotional distress. As such, the Plaintiff is liable to pay consolation money for the Plaintiff’s emotional distress, as a result, to the Coco belt, which is the head office, by putting up approximately 30 sets up one set of tamps from the seat of the franchise store, building, and blosts, and one set of letters emitted from the blosts, and claiming compensation for damages.”

2. Determination

A. Defamation under Article 764 of the Civil Act refers to an act that degrades a person’s social assessment, and simply asserts that a subjective reputation has been infringed (see, e.g., Supreme Court Decision 92Da756, Oct. 27, 1992) does not constitute defamation (see, e.g., Supreme Court Decision 92Da7566, Oct. 27, 1992). Defamation refers to a state in which an unspecified or multiple number of people can be recognized. As such, public performance in defamation refers to a state in which public performance is recognizable by an unspecified or a large number of people, if there is a possibility of spreading

(See Supreme Court Decision 2010Do7497 Decided September 8, 2011, etc.). B.

According to the purport of Gap evidence No. 8 and the whole argument, the defendant was present at the Gwangju Southern Police Station on June 18, 2016 as a witness for the case that the plaintiff filed a complaint and was investigated, and the investigator was subject to about 30 cases (Gu office, labor office, and Fair Trade Commission, etc.) for three years from the plaintiff.

The contents of the civil petition shall be from the illegal signboard to the one of the letters emitted from the screen.

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