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(영문) 서울서부지방법원 2016.03.23 2015가합37085
정정보도 등 청구의 소
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established under the Consumer Cooperatives Act by region A with the principal of supplying and consuming eco-friendly food, such as organic agricultural products, as its member, and is established under the Consumer Cooperatives Act.

(2) The Defendant Company B (hereinafter “Defendant Company”) is a press organization that issues “D”, a general weekly newspaper, and Defendant C is an reporter belonging to the Defendant Company.

B. The Defendant Company posted an article as shown in the [Attachment 2] of “L” written by Defendant C in the page EDF 62-64, and posted the same article in the website (G).

Then, the Plaintiff sent the contents of the article No. 1 of this case to the Plaintiff, and the Defendant Company again posted the follow-up articles, such as attached Table 3 of “O” prepared by Defendant C in HI 72, as indicated in attached Table 3 of “O” prepared by Defendant C (hereinafter “instant article No. 2,” and, in addition to the article No. 1 of this case, published the same article on the website.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including virtual number), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion through the article 1 of this case: (a) K recruited loans from many members in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act”), and (b) K reported that, although the recent management conditions have deteriorated and it appears that it is difficult for the members to recover the loans normally, K, etc. created an industrial complex requiring funds of at least 20 billion won, including M, and is making large-scale investments; and (c) via the article 2 of this case, the Plaintiff sent the certificate of contents that the Plaintiff was boomed against the Defendant company.

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