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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Plaintiff
The defendant's summary of the argument is the same month as the month on May 2, 2018.
3. The Plaintiff filed a complaint with the Plaintiff for the suspicion of violation of the Election Act on the following grounds: (a) the Plaintiff filed a complaint with the Plaintiff for the accusation of violation of the Election Act by “D”; and (b) the Plaintiff filed a complaint with the Plaintiff to appoint the Plaintiff’s joint representative to the loan position; and (c) the Plaintiff, as it is another organization with the F organization, referred to the personnel from the F organization
Although the defendant is well aware that the above report is false, the defendant has damaged the plaintiff's reputation for the purpose of election, so the defendant should pay consolation money of three million won as compensation for damages caused by illegal acts.
Judgment
Defamation, which is a tort under the Civil Act, refers to a publicly alleging a fact, thereby infringing on an objective evaluation socially received on a human value, such as a person's character, virtue, reputation, and credit.
Of course, an expressive act that explicitly expresses a certain fact to the extent that it is likely to infringe another person’s social evaluation may constitute defamation. However, even if an expression of opinion or comment is an expressive act in the form of expression of opinion or comment, if the fact can infringe another person’s social evaluation, if it includes implicitly an assertion as to the hidden basic fact, which serves as the basis for the opinion in light of the overall purport, and if such fact may infringe another person’s social evaluation, it may constitute defamation. In cases of an expressive act that expresses a separate fact that serves as the basis for the opinion in the expression of a certain opinion, if the social evaluation
However, purely expressing an opinion is not likely to cause harm to the reputation of others, and it includes false information among the facts stated in the expressive act.
Even if the false fact is not a matter that may infringe on the social evaluation of others.