logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.08.23 2018나10793
손해배상등
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The plaintiff's defendant C corporation expanded by this court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the reasons for the judgment of the court of first instance is dismissed or added as stated in Paragraph (2) below; and (b) the argument of the plaintiff in this court is as stated in the reasoning of the judgment of the court of first instance, except for the additional determination as stated in Paragraph (3) below; and (c) thus, it is acceptable in accordance with the main sentence of

2. The portion of the judgment of the court of first instance which is dismissed or added is that “A complaint was filed” under Section 12 of the judgment of the court of first instance, which read as “the Plaintiff was suspected of being subject to a disposition of no suspicion (defluence of evidence) on December 10, 2018.”

A evidence No. 47, 48 shall be added to the items of the 11th judgment of the first instance court [based grounds for recognition].

Part 5 of the Decision of the first instance shall add to the following:

Furthermore, the defendants asserted that the plaintiff's application for disclosure of information only submitted the information disclosure plan and did not make the final non-disclosure decision, so there is no infringement of the plaintiff's rights, and thus, it does not constitute tort

In light of the overall purport of the arguments, there is no doubt as to whether the information disclosure plan issued by Defendant B to the Plaintiff based on each of the statements in the evidence Nos. 4 and 6, which the Plaintiff provided, presented unfair grounds for non-disclosure and interpreted as refusing the Plaintiff’s application for information disclosure (for instance, the fact that the Defendant Company did not disclose the relevant information without processing the Plaintiff’s application for information disclosure with a reasonable handling period under the management rules should be viewed as non-disclosure decision in itself), and there is no proof as to the fact that the Defendants disclosed the information corresponding to the part cited in the judgment

We cannot accept this part of the defendants' assertion.

3. The portion considered additionally by this Court

A. As to the consolation money amount, the Plaintiff intentionally refused the Plaintiff’s request for disclosure of information.

arrow