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(영문) 서울고등법원 2014.04.11 2013나35049
손해배상 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. Text of the judgment of the court of first instance;

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, since it is the entry of the first instance court's decision in addition to adding the court's decision to this case, this court's explanation is the same as the entry of the first instance court's decision.

2. The further determination of this Court

A. The Defendant’s assertion that the report of this case is not that the Plaintiff’s members inflict injury on the Plaintiff’s members, but that the Plaintiff’s members could not proceed to D due to violent outright behavior of the Plaintiff’s members, and it is violent acts by a majority of the Plaintiff’s members, and the Plaintiff suffered injury in the process, and thereby, did not proceed to D. Thus, it is consistent with objective truth.

In addition, even if the whole purport and important part are true, it is not reasonable to claim for a corrective report on the part, even if the part is not inconsistent with the fact, there is no legitimate interest in claiming for a corrective report.

B. The meaning of the language is not fixed and its meaning is changed depending on the relationship between the words used in the language, the relationship between the words used in the language, the post and the words, the situation of speech, the relationship between the person and the hearing person, etc.

Therefore, as the defendant's assertion, whether the report of this case expressed only the wide causal relationship between the injury of B and the retirement of this case, or whether the plaintiff's members suffered injury to B as alleged by the plaintiff should be determined accordingly.

Even according to the Defendant’s assertion, there was no direct contact between the Plaintiff’s members and B during the period of leaving the place of this case, and there was no contact between the Plaintiff’s members and B (the Defendant first asserted that he had been closely sealed by the Plaintiff’s members to the police assigned for special guard who was pushed down by the Plaintiff’s members, but the claim was withdrawn at the last day of pleading in this Court) and B.

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