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(영문) 서울동부지방법원 2018.10.10 2018나22017
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On April 18, 2014, the Plaintiff had an interview with E media in relation to the structure of the sinking accident of the Sewol ferry, and the interview was broadcast immediately.

Since then, many media companies reported articles about plaintiffs.

B. On April 20, 2014, the Internet website’s bulletin board “F” posted a statement on the Plaintiff’s “F” on April 20, 2014, Defendant B written the above notice on the same day.

C. On April 19, 2014, the Plaintiff’s writing was posted on the bulletin board of the instant “B”, and the Defendant C written the comments “A” on the same day.

On April 19, 2014, on the bulletin board of the aforementioned “N”, a notice was posted to the Plaintiff, and Defendant D written the comments on the above notice on the same day, stating that “Is the year’s day is clear factoring salt.”

E. Meanwhile, the Plaintiff was indicted on the charge of impairing the honor of the Commissioner General of the Korea Coast Guard by openly pointing out false facts with respect to the interview with E media, but was acquitted on January 9, 2015 from the first instance court (Seoul District Court Decision 2014Ma612).

The prosecutor appealed against the judgment of the court of first instance and changed the indictment, but the plaintiff was sentenced to the reversal and innocence of the judgment of the court of first instance in the appellate court on September 1, 2016 (Seoul District Court 2015No200).

The prosecutor's appeal against the appellate judgment is currently pending in the final appeal court (Supreme Court Decision 2016Do14678).

F. The Plaintiff filed a complaint against the Defendants with an investigative agency on the charge of insult, but all the Defendants were subject to a disposition of suspending prosecution at the prosecutor’s office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 12, and 13, the purport of the whole pleadings

2. According to the facts of the above recognition of liability for damages, the Plaintiff’s ambiguous expressions or the Plaintiff’s losses.

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