1. The Defendant’s KRW 15,00,000 and annual interest thereon from June 17, 2016 to April 21, 2017 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an artist, and the Defendant is a company that electronically publishes “B” (C) online newspaper.

B. The Defendant published the article of the same content as the attached Form (hereinafter “instant article”) in D D’B as “E”.

C. The Plaintiff did not have contributed to film “F” (hereinafter “instant film”).

On March 1, 2016, the Plaintiff heard the publication of the article in this case, and notified the Defendant on March 2, 2016 that legal measures will be taken through content-certified mail.

E. Upon receipt of the Plaintiff’s above notification, the Defendant deleted the instant article on the portal site, including NAV and the following, on March 8, 2016.

However, the article of this case is widely disseminated on other sites after the report.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 5, 6, 7, and 13, the purport of the whole pleadings

2. The Plaintiff’s assertion is the primary cause of claim. The Plaintiff sought compensation for consolation money on the ground that the Plaintiff’s reputation was damaged and suffered irrecoverable mental distress due to the instant article, and accordingly, sought reimbursement of consolation money on the ground that the Plaintiff’s portrait right was infringed upon. If defamation is not acknowledged, the Plaintiff’s claim for consolation money is made on the ground that the instant article’s portrait right was infringed.

3. Determination

A. In a case where 1 press media as to the primary cause of a claim carries an article about a specific person, whether the article constitutes a content that impairs a specific person’s reputation shall be determined on the basis of the overall appearance of the article, comprehensively taking into account the objective contents of the article, the ordinary meaning of used words, and the connection method of phrases, under the premise of the ordinary method in which the general readers contact the article, under the premise of the overall purport of the article, and the relevant expression is based on the overall appearance of the article.