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(영문) 서울중앙지방법원 2014.11.21 2013가합72010
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. Basic facts

A. On October 2003, Defendant C, the representative director of Defendant C’s accusation of Defendant C, filed a complaint with the Plaintiff (hereinafter “instant complaint”) with the following content.

“The Plaintiff, from September 5, 2003, operated “D” (hereinafter “DUM”) as an operator of the Internet site following (DAUM). The Plaintiff posted false information that “the Defendant Company is similar to a multi-level company” on the bulletin board of the ASP of this case to impair the honor of the Defendant Company and interfere with its business. On September 20, 2003, the Plaintiff demanded the Defendant Company to withdraw the said money on the condition that “The Defendant Company will kill the E, who is an employee of the Defendant Company, by posting a telephone to the Defendant Company, to the effect that the said car page is closed on September 20, 2003.”

B. On February 13, 2004, the Plaintiff’s final judgment against the Plaintiff was prosecuted as a crime of interference with duties, attempted conspiracy, and violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation). On March 25, 2004, the Seoul Western District Court rendered a two-year suspended sentence (hereinafter “instant judgment subject to a retrial”) with imprisonment for one year at the Seoul Western District Court, which became final and conclusive as the withdrawal of the Plaintiff’s appeal on May 14, 2004.

C. On June 3, 2010, the Seoul Western District Court rendered a judgment of not guilty on the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the "Act") for the following reasons.

'The Defendants of this case were convicted of the act of imposing obligations on door-to-door salesmen, such as allowing them to purchase books of at least 20,000 won per capita a year, on condition that they maintain an exaggerated qualification. Some of the Defendants of this case were in the multi-level form of the Defendant Company’s structure, and the higher amount for promotion.

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