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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity established pursuant to the Broadcasting Act to establish a fair and sound broadcasting culture and to efficiently implement domestic and foreign broadcasts. The Defendant is a periodical publisher with the main purpose of promoting the criticism of the press through the Onnuri media.
B. When A was designated as a candidate B, the Plaintiff organized a verification team inside the Plaintiff for reporting candidate verification.
C. At the Compilation meeting of news9, the verification team proposed news coverage of A’s suspicion of omission of capital gains tax.
However, during the meeting, the article was determined to be reported on D Saturdays or E Sundays, and the article related to the suspicion of omission of capital gains tax of the A candidate (hereinafter “D”) was finally reported under the title DF. D.
A The candidate asserted against the Plaintiff that there is no omission of capital gains tax, and immediately requested the Plaintiff to issue an article so that wrong reports do not spread through the Internet article, as it proves that there is no omission of capital gains tax, and that the sales contract is disclosed to the public.
E. At least 0:00, the Plaintiff deleted the article posted on the Plaintiff’s website, and the above article was deleted on the portal site.
Plaintiff
On the following day after the deletion of article, management explained the process of the article deletion decision to the reporters of the article.
F. In the online media story published by G Defendant, the Defendant reported the same article as indicated in the [Attachment] article (hereinafter “instant article”) as indicated in the same title, and among the instant articles, the contents of the article that the Plaintiff is at issue are as follows.
① The title “H” was verified as having continued to prevent KBS from reporting a candidate A’s verification, and ② there was any further factoring in (unauthorized Egypt) political right public domains.