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(영문) 서울중앙지방법원 2020.01.14 2019나26396
손해배상(기) 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for the corresponding part as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

[Supplementary order] On the 3rd page of the judgment of the court of first instance, the phrase “it is still pending in the appeal court at present” is as follows.

The appeal was filed. In the appellate court (Seoul Central District Court 2016No4872), the "No. 10" as stated in the 3th sentence of the first instance judgment of "No. 10 is being pending in the final appeal as of October 17, 2019, which was rendered not guilty of C on October 17, 2019."

In the first instance judgment, the first instance court's 4th to 5th 10th eth eth eths are as follows.

“In addition, if the objective is solely for the public interest, it shall be deemed that there is no illegality if the actor has any reasonable ground to believe that the alleged fact is true, as well as when the alleged fact is proved to be true even if it is not proven. Here, whether the actor has a reasonable ground to believe the truth should be determined in light of the following: (a) whether the actor has conducted an adequate and sufficient investigation to verify the authenticity of the content thereof by taking into account various circumstances, such as the content of the alleged fact; (b) the certainty and credibility of the evidence or materials believed to be true; (c) the degree of damage to the victim due to the time, etc.; and (d) whether the authenticity is supported by objective and reasonable materials or grounds (see, e.g., Supreme Court Decisions 2006Da15922, Dec. 22, 2006; 2012Da4138, Jun. 12, 2014; and (d) whether the actor had a reasonable ground to believe that the truth was true or not.

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