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(영문) 서울고등법원 2019.11.20 2019나2026036
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The court of first instance dismissed the claim of consolation money on the ground of defamation, and partly accepted the claim of consolation money on the ground of infringement of the Plaintiff’s moral right due to an insulting expressive act as originally added by the Plaintiff.

In this regard, only the defendant appealed, and this Court dismissed the defendant's appeal before it is remanded.

On the other hand, the defendant appealed again, and the Supreme Court reversed and remanded the judgment prior to the remand due to the misapprehension of legal principles as to the establishment of tort caused by expression of opinion.

Therefore, the scope of this court's trial is limited to the claim of consolation money for the reason of infringement of personal rights by insulting the conjunctive claimant.

2. Basic facts

A. On April 11, 2012, the Plaintiff was elected as proportional representative members of the C Party in the 19th National Assembly election implemented on April 11, 2012, and the Defendant was elected as a candidate for the D party belonging to the O party in the said 19th National Assembly election.

B. In July 27, 2013, E-si held a three-year event of Q project, which had been promoted from F to F from 2011, (a) held a “S” event.

At the time of the above event, the Minister of Culture, Sports and Tourism, the E marketJ and the C Party member were present, and the plaintiff was present at the above event.

C. At the time of July 30, 2013, the Defendant criticizeed the J, which was the E market, and announced the name “I National Assembly member with H’s symbol in the F Clean Sea Area where H’s confusion is diving” (hereinafter “instant name”). D. The full text is as indicated in the separate sheet.

On July 31, 2013, the media, such as T media, U press online newspapers, etc., reported the content of the instant name by publishing and reporting the content of the instant report, and published each of the contents of the articles by extracting the part of “whether the J market, which is a subordinate North Korea symbol, is likely to be called E market, is entitled to exercise a dynamic event against a member of the National Assembly in the F Clean Sea Area where H’s confusion is impaired.”

[Reasons for Recognition] There is no dispute;

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