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(영문) 대법원 2020.07.09 2016다201647
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal by the Plaintiff AM organization are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. Judgment on the grounds of appeal by Plaintiff AM organization

A. As to the ground of appeal No. 1, the lower court rejected the Plaintiff’s assertion that the Defendants undermined the reputation of the Plaintiffs by pointing out false facts as if the Plaintiff, etc., who was an executive member of the Plaintiff AM organization (hereinafter “Plaintiff Union”) under the title of the instant article 1, as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, although the reasoning of the lower court on this part is somewhat inappropriate, the lower court did not err in its judgment by misapprehending the legal doctrine on defamation and thereby adversely affecting the conclusion of the judgment, contrary to the grounds of appeal.

B. On the ground of appeal No. 2, the lower court rejected the Plaintiff’s assertion that, through the article of this case, the Defendants undermined the reputation of the Plaintiff’s association by stating false facts as if the Plaintiff Union was an executive member of the Plaintiff’s association, or by employing the Plaintiff, etc., who is a member of the K Political Party, or by stating false facts as if the Plaintiff Union was under the management and responsibility of the Plaintiff Union.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the grounds of defamation and illegality, such as the grounds for appeal.

2. The lower court rejected the Defendants’ assertion that the Plaintiff A et al. is a public official, and upheld the first instance court’s judgment that the Defendants reported the Plaintiff et al.’s legitimate admission and the facts of previous conviction under the real name through each of the instant articles, on the grounds as indicated in its reasoning.

The judgment below

relevant reasons.

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