beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The basic facts are companies aimed at manufacturing and selling concrete products (waterways and water supply and drainage pipes), and the defendant is the pastor of a church in the vicinity of the plaintiff's factory.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. Claim for damages caused by defamation;
A. The Plaintiff’s factory operation does not cause noise or dust.
Nevertheless, the defendant from July 12, 2016 to the same year.
9. By December 25, 200, on the Seosan-si Village Road, “The noise that threatens the lives of residents and the dust A iron bar” was set up with a banner.
Since the defendant has damaged the plaintiff's reputation by openly pointing out false facts as above, the defendant is obligated to pay the plaintiff 20 million won as compensation for damages caused by the tort and the delay damages therefor.
B. (1) The determination of defamation, which is a tort under the Civil Act, refers to an act infringing upon an objective evaluation of a human value, such as a person’s character, virtue, reputation, and credit, and insofar as such objective evaluation is infringed, it may be established by an expression of opinion or comment, as long as it is an infringement on such objective evaluation, it may also be established by an expression of opinion or comment, but mere expression of opinion alone cannot be deemed as impeding the other party’s social evaluation. Therefore, if an expression of opinion or comment is a simple opinion or comment that is not premised on a statement of fact, liability
In addition, if the expression here indicates a fact or simply expresses an opinion or comment, or if it expresses an opinion or comment, the distinction between whether or not it indicates a fact which is a premise at the same time, and whether or not it indicates a fact which is a premise, at the same time, is used on the premise that the general public communicates it with the objective of the expression in question as well as with the common sense of care.