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(영문) 서울고등법원 2018.05.11 2017나2065044
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, except where the defendant added a new judgment as to the argument that the court of first instance as to this case, and the reasoning of the judgment is as stated in the part of the judgment of the court of first instance. Thus, it is cited as it is in accordance with the main sentence

2. The Defendant asserts that since the contents of the instant report are true, the Defendant may refuse to comply with the instant report, and even if the Defendant bears the obligation of counterargument, allowing the Defendant to broadcast the instant counterargument in the first head of the “C” program is excessive and thus, it cannot be accepted.

A claim for a counterargument report is a right to claim a counterargument report on a factual assertion to a press organization, etc., which does not require that the content of the report is false (Article 16(1) and (2) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports; hereinafter the same shall apply), and where the content of the counterargument report is obviously different from the fact, the claim for a counterargument report may be rejected (Articles 16(3) and 15(4)2 of the Press Arbitration Act). However, if the content of the counterargument report is widely different from the fact (Articles 16(3) and 16(4)2 of the Press Arbitration Act). If the content of the counterargument report is an ordinary person with general culture as it is widely known that it is false without undergoing any special investigation or verification, or even if it does not reach the widely known fact in the society, it refers to the case where the court does not conform with the fact that it has known through the handling of the relevant case or other cases.

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