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(영문) 서울중앙지방법원 2018.10.11 2018나36945
손해배상(언)
Text

1. Of the judgment of the court of first instance, the court against the Republic of Korea of the Plaintiff corresponding to the money ordered to pay below.

Reasons

1. The reasons why this Court shall explain this part of the basic facts are as stated in the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Defendant Republic of Korea published the fact of the Plaintiff’s challenge against the Plaintiff, and damaged the Plaintiff’s honor by pointing out false facts that the Plaintiff operated three hospitals and gained unjust enrichment of KRW 30 billion.

Of the instant report by Defendant B, the Plaintiff, as the actual owner of the F Hospital, was responsible for the tort of the said hospital; the Plaintiff intentionally obtained the benefit of KRW 30 billion by repeating the discharge and hospitalization of the patients in sequence at the D Hospital and F Hospital every six months; the Plaintiff’s manipulation of the prescription records of the patients at F Hospital; the Plaintiff’s manipulation of the provision of insurance benefits; and the Plaintiff’s manipulation of the prescription records of the patients at F Hospital; and the Plaintiff’s manipulation of the homeless as the patient at the time of operating the D Hospital and infringed on the human rights of the patients, thereby impairing the Plaintiff’s honor.

Therefore, the defendants are jointly obligated to pay 100 million won and damages for delay to the plaintiff.

B. Defendant E was aware of the fact that Defendant E made a personal statement to G reporters, but it could not be recorded or broadcasted, and there was no intention or negligence.

In addition, E's remarks cannot be said to be false.

C. Of the facts alleged by the Plaintiff, Defendant B did not explicitly indicate the facts through the instant report, and even if part of the facts were publicly alleged, it is not unlawful as it reported the facts to believe the facts as true and for the public interest.

3. Determination

A. The publication of the suspected facts by the investigation agency of the relevant legal principles regarding the occurrence of liability for damages caused by the publication of the suspected facts is based on the investigation results by public authority, and its contents are a strong trust to the public.

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