1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The plaintiff at the first instance court claimed subsequent reports and claims for damages against the defendant, and the court of first instance partially accepted the claim for subsequent reports and the claim for damages.

In this regard, the plaintiff appealed only to the part of the claim for damages, which is subject to the judgment of this court is limited to the part of the claim for damages.

2. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff’s assertion as set forth in the following paragraph (3). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Additional determination

A. Considering the Plaintiff’s assertion EKapet and the Plaintiff’s nomination, and the gravity of damage caused by the instant article, the consolation money that the Defendant is obligated to pay to the Plaintiff should be equivalent to KRW 20,100,000.

The plaintiff asserts to the effect that he directly exercises his right to claim damages by EKa PP as the representative of EKa PP. However, matters concerning property under collective ownership can only be in the form of an essential co-litigation under the name of the association, or only be in the form of an essential co-litigation by a resolution of the general meeting of members, or all the members of the association were the representative of the association or the members of the association

Even if a lawsuit cannot be a party to the lawsuit, and such legal doctrine also applies to cases where a lawsuit is filed as an act of preserving property jointly owned (see, e.g., Supreme Court Decision 2004Da44971, Sept. 15, 2005). Thus, exercising the right to claim damages against the plaintiff under the name of the plaintiff is not qualified to be a party, and filing a lawsuit is inappropriate. The plaintiff claimed only damages against the plaintiff in the application for change of the purport of the appeal filed on Jan. 17, 2017, and thus, the decision on this part is

B. The defendant judged that the plaintiff's honor is considerably damaged due to the article of this case.