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(영문) 수원지방법원성남지원 2017.07.07 2016가단26975
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff

The defendant, as the vice-chairperson of the Korean Association C D (hereinafter referred to as the "instant organization") of the Republic of Korea Association D (hereinafter referred to as the "instant organization"), has damaged the plaintiff's reputation by posting a letter "F" in subparagraph (a) of the E organization response, and he unilaterally deprived the plaintiff of the qualification for the member of the Internet website of the Republic of Korea around July 2016.

The plaintiff suffered mental or physical pain due to the above tort committed by the defendant, and the plaintiff sought payment of the amount claimed as compensation for damages against the defendant.

Judgment

The reasoning of the judgment on the argument regarding the notice of the reply to the Korean organization C in the Republic of Korea is as follows: “F” under the title of “F”, comprehensively taking account of the overall purport of the arguments in the written evidence Nos. 1 and 19, and the content as indicated in the separate sheet (hereinafter “instant text”) was distributed to the members of the instant organization and a large number of the members read the contents of the instant text; the Defendant may be recognized as the vice-chairperson of the instant organization at the time of issuing the E company’s response Nos. 1 and 19; however, the facts of the above recognition alone are insufficient to recognize that the author or the publisher of the instant article is the Defendant, and there is no other evidence to prove otherwise.

Rather, comprehensively taking account of the written evidence Nos. 1 and 10 and the purport of the entire argument, this article is recognized as having the same content as the written opinion posted by G, a member of the instant organization, as “H” on the Internet homepage of the instant organization, and the internal official document form used by the instant organization does not include “the vice-chairperson” as the approving authority.

The evidence submitted by the Plaintiff regarding the allegation regarding deprivation of membership in the Korean organization C Internet site is the Internet site of the Plaintiff of the Republic of Korea around July 2016.

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