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(영문) 서울고등법원 2016.11.10 2016나2022774
정정보도 청구 등
Text

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

2. 1/5 of the total costs of the lawsuit after an appeal is filed shall be the Plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiff, as a model model of cable television broadcast broadcast broadcast, was sent to the final session of the K, “K,” and came to know the names of the public, and is currently working as a fashion model in a foreign country.

B. Defendant Culture Broadcasting, a current news report program, broadcasted the F’s broadcast report (hereinafter “instant broadcast report”) produced through Defendant B (hereinafter “Defendant B”) during the broadcasting hours of “D”, which is a current news report program, and Defendant C is a person in charge of the production of the instant broadcast report as Defendant B’s annual investment.

2. Summary of the parties’ assertion

A. In the broadcast report of this case, one of the two women requesting 5 billion won of the film distribution I by threatening the film distribution I to disseminate the video images by dividing the sound voice, and the Plaintiff broadcast the video of other television programs contributed by the Plaintiff.

This means that the plaintiff made a statement of false facts as he threatened I.

Therefore, a corrective report is sought against the Defendant’s cultural broadcasting, and damages arising from defamation is claimed against the Defendants.

B. In the broadcast report of this case by the Defendants, only one of the two women who threatened I was "a model A," and such "a model A," did not mean that the Plaintiff was the Plaintiff. Therefore, the Defendants did not indicate any false fact.

3. Determination

A. If a press report contains a factual assertion that can determine the existence of a press report based on evidence (hereinafter “the factual assertion”), the aggrieved party who suffered damages due to the failure to verify the factual assertion or defamation may file a claim for a corrective report under Article 14 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “the Act on Press Arbitration”) and may file a claim for damages on the ground of tort.

A victim who may request a corrective report among them shall be the victim.

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