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(영문) 서울중앙지방법원 2016.05.25 2015가단208786
집행문부여
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 2014, the Plaintiff filed an application for conciliation as shown in attached Table 1 with the Press Arbitration Commission (the case number is the same as stated in the purport of the claim) against the article of “C,” which was published in the Defendant’s management magazine (hereinafter “instant conciliation”). During the conciliation process, the Plaintiff agreed on the content of the article of “D” among the articles of the said 9 months as stated in attached Table 1 (hereinafter “the article of this case”), as indicated in attached Table 2, on June 15, 2015 (hereinafter “instant conciliation”), and the Defendant waived the Plaintiff’s claim for damages on the condition that the corrective report should be implemented.

Luxembourg filed an application with the Defendant for grant of execution clause on November 27, 2015, in accordance with paragraph (5) that the Defendant violated the instant conciliation clause (3).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. First of all, in relation to Article 3(3) of the instant conciliation clause, the Defendant failed to perform his/her duty to indicate a correction report on the first page of the “C” page for the instant article subject to conciliation, but the Defendant failed to comply with the aforementioned obligation, as it was unable to verify a correction report by attaching onlypdf files that can be seen only as paid members, and as such, the Defendant failed to comply with the obligation to post the correction report on the bottom of the subject article at C’s website or to keep the said main text in the database and to search the correction report at the time of search.

In addition, since the contents of the obligation to report in the future under the instant conciliation clause (4) should be based on the publication method of the correction statement under the instant conciliation clause, it has not been implemented, the respondent shall pay KRW 500,000 per day to the applicant from July 3, 2015 following the due date for payment under the instant conciliation clause (5), to March 22, 2016, which is the date of filing an application for amendment of the purport of the claim, if the respondent delays the above implementation.

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