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(영문) 대구지방법원 2018.07.12 2017나314678
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons for the court's explanation of this case are as follows: Gap evidence Nos. 15 to 18, 22, and Gap evidence No. 19 to 21, which are not sufficient to recognize the plaintiff's assertion, and Gap evidence No. 19 to 21, which are shown to be consistent with the plaintiff's assertion. The plaintiff added "2. additional determination" to the plaintiff's new argument at the trial, and therefore, it is identical to the reasons for the judgment of the court of first instance. Thus, it is accepted pursuant to the main sentence of

(excluding co-defendant D and E in the judgment of the court of first instance). 2. Additional determination

A. Even if the plaintiff alleged that he partly appropriated the church funds, all of them are used for the church, and the acts of the defendants constitute defamation by a statement of fact, and it does not constitute the grounds for the illegality of the damages suffered by the plaintiff's individual rather than the profits gained by the church due to its notification, and therefore, the defendants are obliged to pay consolation money for mental suffering suffered by the plaintiff as a tortfeasor who has damaged the plaintiff's reputation.

B. 1) Even in a case where an act of impairing another person’s reputation is committed under a civil law, if it is proved to be true facts, the act is not unlawful, and it is also deemed that there is no illegality in a case where the actor has a reasonable ground to believe that it is true even if there is no proof (see, e.g., Supreme Court Decision 2000Da10208, Jan. 19, 2001). Meanwhile, “when the objective is solely for the public interest” means when the alleged facts are objectively related to the public interest and the actor expresses the fact for the public interest. If the principal purpose or motive of the actor is for the public interest, other private interest purposes or motive are incidental.

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