(영문) 서울고등법원 2019.09.25 2019나2018226

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자간(%)

(영문) 서울고등법원 2019.09.25 2019나2018226

손해배상(기)

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1. Of the judgment of the court of first instance, the part concerning the Plaintiff’s principal lawsuit is modified as follows.

The defendant is three million won for the plaintiff.

Reasons

1. Scope of trial of this court after remand;

A. In the first instance trial, the Plaintiff filed a claim against the Defendant as the principal lawsuit for the payment of damages caused by the Defendant’s tort due to the Defendant’s posting of the written E related to “pro-North Korea” and the written E related to “W player,” and the Defendant filed a counterclaim against the Plaintiff for the payment of damages caused by the Plaintiff’s tort due to the Plaintiff’s posting of E and AA.

The first instance court partly accepted the plaintiff's claim on the principal lawsuit, and dismissed all the plaintiff's remaining principal lawsuit and the defendant's counterclaim.

B. As to the part of the part against the plaintiff as to the principal lawsuit, the defendant filed each appeal against the defendant as to the principal lawsuit and counterclaim, and the court prior to the remand dismissed all the appeals by the plaintiff and the defendant.

C. As to the part against the Defendant regarding the principal lawsuit and counterclaim, only the Defendant appealed. The Supreme Court reversed the part against the Defendant regarding the principal lawsuit in the judgment prior to remand, and remanded it to this Court, and dismissed the remainder of the Defendant’s appeal.

According to the above, the defendant's counterclaim claim part is dismissed and confirmed as it is by the defendant's appeal against the judgment against the defendant in this court prior to the remand. Thus, this court shall decide only on the part of the plaintiff's counterclaim claim.

2. Basic facts

A. On June 2, 2010, the Plaintiff was elected as the head of a local government on October 7, 2010 from the 5th national provincial election that was implemented on June 2, 2010, and was elected as the head of a local government on October 7, 2010. On June 4, 2014, the 6th national provincial election was elected as the head of a local government on June 4, 2014.

B. On January 21, 2013, the date and contents of the notice No. E related to the Defendant’s “pro-North Korea” as stated in the Defendant’s letter No. 1:51 (Omission) B, and G’s suspicion of pro-North Korea.

The correct expression is not in North Korea, but in North Korea.

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