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(영문) 의정부지방법원 2019.11.21 2018나215221
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) A and B and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

1. The grounds for appeal by the plaintiffs and the defendant in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is identical to that of the judgment of the court of first instance.

However, the following judgments are added at the 8th line of the judgment of the first instance.

2. At the time of the addition, the part of the Defendant’s statement made to Plaintiff B that “the Defendant was pregnant, and was in pregnancy due to Plaintiff A’s assault” appears to be false, but its main purpose appears to be to inform the Plaintiff that there was violence against Plaintiff A. In light of the fact that Plaintiff A was in the process of hedging with the Defendant (Evidence A 3), it seems that the Defendant’s statement did not reach the degree of distortion of fact by going beyond a somewhat exaggeration between the Defendant and the Defendant.

In addition, in light of the Plaintiffs’ relationship, it cannot be deemed that the Defendant’s statement as such constitutes an external “making public” and thus, it cannot be deemed that the Plaintiff’s personality right was infringed, and the content thereof is also a threat of harm and injury to Plaintiff B.

3. In conclusion, the plaintiffs' principal claim and the defendant's counterclaim claim shall be accepted within the scope recognized by the court of first instance, and the remaining claims shall be dismissed as they are without merit.

The judgment of the first instance is just in conclusion, and all appeals filed by the plaintiffs and the defendant are dismissed as it is without merit.

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