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(영문) 서울서부지방법원 2019.09.18 2019가합33531
정정보도
Text

1. The defendant within 14 days from the day this judgment became final and conclusive,

(a)in 60 pages of periodicals C;

Reasons

1. Basic facts

A. The Plaintiff is the representative of the D Line church, which is a non-profit organization, and the Defendant is a press organization that publishes weekly C (hereinafter “instant weekly site”) and operates online newspaper C (hereinafter “instant online newspaper”).

B. The article of the same content as the attached Table 3 (hereinafter “instant article”) was published on April 12, 2019 in the instant weekly newspaper and April 17, 2019, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant undermined the Plaintiff’s reputation by pointing out false facts that “the 6 billion won funding source for mergers and acquisitions of Co., Ltd. E (hereinafter “E”) in the instant article constituted the cosmetic dividend in 2017, which was received by the chairperson from the cosmetics company, the shareholder of which is the Plaintiff,” and that “the cosmetic company, the chairperson of which is the shareholder of the AO, was used as the cosmetic counter by the Plaintiff, the actual members of the D Line church.”

Therefore, the Defendant is obligated to make a corrective report as a measure under Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “ Press Arbitration Act”).

(Plaintiffs also seek indirect enforcement of corrective reports). (b)

The part that the Plaintiff asserted as false facts in the article of this case does not constitute a statement of fact because it is merely a quoted report or a statement of opinion. The part that stated facts is also an important part consistent with objective facts and is merely a case where there is a little difference from truth or a somewhat exaggerated expression in detail, and thus does not constitute false facts.

3. Determination

A. Article 14(1) of the Press Arbitration Act provides that a person who suffers damage due to a press report, etc. on the assertion of his/her factual achievements is not true shall be a press organization within three months from the date the relevant press report, etc. is known.

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