1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 8, 2016, the Defendant entered into a contract with the Plaintiff on the construction of a studio building on the land owned by the Defendant in Gwanak-gu in Seoul Special Metropolitan City for the construction of a studio building (hereinafter “instant construction”) at KRW 130 million of the construction cost, and entered into the said contract with the Plaintiff for the construction of a studio-building among the above studio-building construction works, waterproofing and finishing works for underground rooms (hereinafter “instant construction”). The special specifications of the said contract state that “B” shall be responsible and resolved for civil petitions arising out of the studio-building works.”

B. In the event that the instant construction was delayed due to the disturbance, etc. on the part of the neighboring regional housing association, the Defendant told D to the effect that, on November 2016 through December 2, 2016, there was a re-subcontracter D and a construction worker at the site of studio Construction at the above studio Construction Work, the Defendant stated that “It was the cost for solving civil petitions to A, which was the cost of construction cost of KRW 2-30 million, but should not be resolved, and whether the construction is delayed.”

C. Accordingly, the Plaintiff filed a criminal complaint against the Defendant on the ground that his reputation was damaged due to the above bals, and the Defendant was indicted for committing defamation and ordered a summary order of KRW 2 million on January 15, 2018, but was sentenced to a judgment of innocence on May 21, 2019 (Seoul Central District Court 2018No241), and the Prosecutor appealed on October 25, 2019, but the appeal was dismissed on October 25, 2019 (Seoul Central District Court 2019No1677) and the judgment of innocence became final and conclusive on November 2, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 through 3 and 6 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the Plaintiff did not receive more than KRW 30 million for the construction cost of the instant case from the Defendant as the costs for solving civil petitions, the Defendant, by pointing out false facts, has damaged the Plaintiff’s reputation, and thus, the Defendant is obliged to pay the Plaintiff KRW 3 million for compensation for damages arising from the tort.

B. Determination Doesck;