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(영문) 광주고등법원(전주) 2016.07.21 2015나1104
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. Press arbitration and remedy for damages, etc. added by the trial among the instant lawsuits.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the part of the judgment of the first instance except for the submission of the judgment of the first instance as follows or the addition of the following. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[A] From 4th to 5th of the first instance court's decision, the first instance court's 16th to 5th of the fifth is followed as follows.

3. In the first instance court, the Plaintiff claimed a corrective report on the ground of Article 764 of the Civil Act and Article 31 of the Press Arbitration Act as the cause of the claim, and added Article 14 of the Press Arbitration Act to the cause of the claim for the corrective report at the trial. Accordingly, if the Plaintiff claims a corrective report at the time of the instant report under Article 14 of the Press Arbitration Act, the Plaintiff is a person who has viewed the instant report at HH around the time of the instant report. Thus, the Plaintiff filed the instant lawsuit on May 13, 2014, which was more than three months thereafter and more than three months thereafter, must be dismissed as it is unlawful and unreasonable. The instant lawsuit for the corrective report under Article 14 of the Press Arbitration Act is filed within three months from the date the victim became aware of the relevant press report, and within six months from the date the relevant press report was made (see Articles 26(3), 14(1) and 14(1) of the Press Arbitration Act, and Article 361 of the Civil Act concerning the press report at issue.

On the other hand, Article 14 of the Press Arbitration Act, which was added by the Plaintiff as the cause of the claim for a corrective report at the trial, shall be applied to the claim for a corrective statement under the said provision, and the Plaintiff shall be G to H H where the instant report was broadcasted.

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