A. Whether a tort caused by defamation is established in a case where the Plaintiff’s husband, who was the grandchildren of the deceased Kim Jong-chul, omitted the entry of the Plaintiff’s husband in publication of the same clan that was made for the deceased in the time of Nonparty Kim Jong-chul (affirmative)

B. Where a tort has been constituted by impairing a reputation by pointing out facts, whether the statement of truth should be examined in order to calculate consolation money for the tort

A. A. The term "Dong Dong-dong" means a set of family members that was gathered by gathering a minute from the time of a single clan to the time of the same clans, and each wave refers to a set of family members that can be seen as a single eye that was divided into several descendants from the time of a set and that was dissolved from a set of groups. Therefore, the Grand Dong-dong shall include all the waves in the city in the time and shall not be omitted from any one of the waves. As such, as the plaintiff head of the plaintiff, the Kim Jong-dong and its siblings, who is the line of the plaintiff clans and its siblings, are the grandchildren of the deceased Kim Jong-dong, even though they were the descendants of the above non-party Kim Jong-dong, if they omitted the entry of the above Kim Jong-dong and its Kim Jong-dong, the above act of the defendant's clans, which was the foundation of social criticism of the deceased's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's act, which should be recognized.

B. In a case where Non-party 1, who posted the assertion that the non-party 1, Kim Jong-chul, and Kim Jong-chul's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-kak's Mak-k-kak's Mak-kak's Mak-k's Mak-k's Mak-k's Mak-k-k

A. Article 750 of the Civil Act: Article 751 of the Civil Act; Article 193(2) of the Civil Procedure Act

Attorney Kim Jong-jin, Counsel for the defendant-appellant in charge of this case

[Defendant-Appellee] Kim Jong-chul, Counsel for defendant-appellee-appellant

Seoul High Court Decision 88Na20212 Decided April 17, 1989

The judgment below is reversed and the case is remanded to Seoul High Court.

1. We examine the Plaintiff’s grounds of appeal.

According to the reasoning of the judgment of the court below, the court below acknowledged that the plaintiff clan issued the Kim Jong-Jon's 1983 Kim Jong-Jon's 1983, while the plaintiff clan was involved in the Kim Jong-Jon's 7th century's 2 years old Kim Jong-J, he was killed in the plaintiff Kim Jong-Jon's death, and his father was the plaintiff Kim Jong-J, his father, while the above Kim Jong-J and Kim Jong-J's father were the defendant Kim Jong-J, his father's father, who argued that he was the only blood relatives of the above Kim Jong-J, his father's 1983, and the plaintiff's attorney did not state the plaintiff Kim Jong-J's above Kim Jong-J's deceased's 1, Kim Jong-J's 1, Kim Jong-J's 1, who was killed in the plaintiff Lee Jong-J's 1, who was the defendant Kim Jong-J's deceased's son's above opinion, and therefore, it did not state the plaintiff Lee Jong-J's opinion as the above.

However, it is difficult to examine the plaintiff's claim for the dissolution of the clan from the time to the time to the time to the time to the time to the time to the time to the time to the time to the time to the time to the end of the clan. Since the division of the clan is a few descendants from the time to the time to the time to the time to the time to the time to the time to the time to the end of the clan, it is necessary to record all the waves from the time to the time to the time to the time to the time to the time to the time to the end, and it is not necessary to omit the plaintiff's claim for the dissolution of the clan. Accordingly, the court below's decision that the plaintiff's dissolution of the clan as the plaintiff's leader and its clan were the deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's deceased's plaintiff's deceased's deceased's deceased's plaintiff's deceased's deceased's deceased's deceased's deceased's plaintiff's deceased's plaintiff's deceased's deceased's non-law.

2. We examine the defendant's grounds of appeal.

According to the reasoning of the judgment of the court below, since the court below did not publish the previous assertion that the non-party Kim Jong-moo and Kim Jong-moo's right to receive the 0thm mar, which was issued by the defendant Jong-mar, in the 0th mar mar mar mar, the defendant's right to receive the mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar, and the plaintiff mar k mar mar k k k k mar k k k k.

However, the issue of whether the contents indicated in the book at the time of the original statement are true or not is a very important material in the determination of the illegality of the act or the degree of damage assessment, and the result of its determination is to be taken into account in the calculation of the consolation money in this case. Therefore, the court below should determine whether the contents indicated in the book at issue are true or not by examining whether the contents indicated in the book at issue are good or good among the plaintiff's race and that of the defendant's race, and then calculate consolation money in consideration of all other circumstances as shown in the argument at this case. The court below erred in the misapprehension of the legal principles as to the calculation of consolation money or consolation money, which affected the calculation of consolation money in its holding, since the court below erred in the misapprehension of the legal principles as to the calculation of consolation money.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)