1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The plaintiff is a person who was in the position of female president from June 2004 to May 201 in Seongdong-gu Seoul Metropolitan Government apartment complex (hereinafter referred to as "the apartment of this case"), and the defendant is the representative of the tenant of the apartment of this case, and there is no dispute between the parties.

Plaintiff’s assertion

When the plaintiff is in the position of the president of women's association of the apartment of this case, there is no useful fact that the public funds of women's association are used, and there is no fact that the Seoul Dong District Public Prosecutor's Office was investigated as a suspect or accused

Nevertheless, on July 21, 2016, the Defendant prepared and distributed printed materials stating the above false facts as to the Plaintiff at the apartment center in this case.

Although the plaintiff did not demand 300 million won on the side of the KCC construction company, the defendant stated such false facts at the same place.

The plaintiff suffered from mental suffering due to the above illegal acts by the defendant, and thus, the plaintiff sought compensation of KRW 10 million.

Even if a certain expression impairs another person’s reputation, if it is a matter of public interest when the expression is “for the sole purpose of public interest”, it is not unlawful if the content is “a serious fact” or if the actor has “a substantial reason to believe that it is a truth”.

Here, the phrase “for the sole purpose of the public interest” refers to an expression of fact for the public interest by objectively deeming the stated fact as being objectively related to the public interest. If the principal purpose or motive of the actor is for the public interest, it is unreasonable even if there are other private interest purposes or motives incidental thereto.

In addition, the term "afinite fact" means a fact that the important part is consistent with objective facts when examining the purport of the whole contents, which differs from truth or is somewhat exaggerated.