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(영문) 서울서부지방법원 2018.04.04 2016가합2970
손해배상(기)
Text

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

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

Reasons

Basic Facts

The Plaintiff is the former president of the F University established and operated by the school juristic person E, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a media company that issues a comprehensive daily newspaper B, and Defendant C and D are the reporters working for the Defendant Company.

On July 15, 2016, the Defendant Company published an article as shown in the Attachment No. 1 of “G” prepared by Defendant C (hereinafter “instant article”), as described in the Attachment No. 2 of “H,” written by Defendant D in the form of dialogue with Defendant C (hereinafter “instant article”) on August 29, 2016, and as described in the Attachment No. 3 of “I,” written by Defendant D in the form of dialogue with Defendant C on August 30, 2016 (hereinafter “third article of this case”; and as described in the Attachment No. 3 of “I,” written by Defendant D in the form of dialogue with Defendant C (hereinafter “each article of this case”). In addition, the article No. 1 through No. 3 articles of this case were inserted in each Defendant Company’s Internet site and newspaper.

The Plaintiff filed a complaint against Defendant C and D on the charge of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) with respect to the publication of each of the instant articles, but the Prosecutor was not guilty on March 21, 2017 on the ground that he was suspected of having violated the Act on Promotion, etc. of Information and Communications Network Utilization

[Reasons for Recognition] The Plaintiff’s assertion of the whole purport of the pleadings and arguments by publicly expressing false facts through each article of this case, Gap’s evidence Nos. 1 through 3, 53 (including a branch number; hereinafter the same shall apply), Eul’s evidence Nos. 1 and 12, and the whole purport of the pleadings, was damaged the Plaintiff’s honor.

Therefore, the defendants are jointly obligated to pay consolation money of KRW 100 million and its delay damages to the plaintiff.

[Attachment] An official statement of evidence evidence ① The Plaintiff used the newspaper No. 1 in the instant case, thereby acquiring K University free of charge from J.

② The Plaintiff received money in return for admission or embezzled school tuition, and the number of students’ enrollment fees to a L Bank owned by himself/herself.

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