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(영문) 대법원 2015.09.10 2013다26432
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the grounds of appeal not timely filed).

1. As to the grounds of appeal on defamation, defamation, which is a tort under the Civil Act, refers to an act of infringing upon an objective evaluation socially received on a human value, such as a person’s character, virtue, reputation, and credit, by publicly alleging a fact.

Of course, an expressive act that explicitly expresses a certain fact to the extent that it is likely to infringe another person’s social evaluation may constitute defamation. However, even if an expression of opinion or comment is an expressive act that expresses a certain form of opinion or comment, if the fact can infringe another person’s social evaluation, if it includes implicitly an assertion as to the hidden basic fact that serves as the basis of the opinion in light of the overall purport, and if such fact may infringe another person’s social evaluation, it may constitute defamation. In cases of an expressive act that expresses a separate fact that serves as the basis of the opinion in the expression of a certain opinion, if the social evaluation

(See Supreme Court Decision 2005Da65494 Decided April 9, 2009). Even in a case where an expressive act expressing a fact impairs another person’s reputation, if the purpose is solely for the public interest as a matter of public interest, it shall be deemed that the alleged fact is true or not proven, and if there is considerable reason to believe it as true, it shall be deemed that the actor believed it to be true and that there is no reasonable reason to believe it.

Here, “the purpose is solely for the public interest” means that the stated facts are related to the public interest when objectively viewed, and the actor also indicates the facts subjectively for the public interest, and the alleged facts are stated.

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