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(영문) 서울중앙지방법원 2015.04.01 2014가합62928
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a doctor who has been operating a non-humane and a member of the Gangnam-gu Seoul Metropolitan Government C and 3 level from 2004.

The defendant is an online newspaper enterpriser who electronically publishes an online newspaper through the Internet Gangnam Newspapers website (htp:/www.grannes.net).

B. The Defendant posted the article in the [Attachment B] [Attachment B] (hereinafter “instant article”).

The letter "B" appearing in the article of this case is an anonymous indication of the plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is that “B” among the instant articles refers to himself. The instant article is that “Eyang was in contravention of the Medical Service Act in a manner of responding to the Plaintiff in a unfaithful manner and arbitrarily manipulating the medical records,” and the article argues that the Plaintiff’s honor was damaged by stating false facts, and that the article claimed compensation for consolation money of KRW 30 million against the Defendant.

3. The defendant's judgment on the main defense of safety at issue is that the article of this case is a "B" doctor, and the plaintiff has no standing to sue to file the lawsuit of this case because it is not related to the article of this case with the non-humane and non-humane.

However, in the lawsuit of performance like the lawsuit of this case, the plaintiff has standing to sue against a person who asserts his/her right to demand performance, which is a subject matter of lawsuit of this case (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Thus, the defendant's main safety defense

4. Judgment on the merits

A. According to Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports, the press report on the assertion of the actual results is not true.

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