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1. The part concerning the claim for deletion of article among the instant lawsuit is dismissed.
2. Defendant B Co., Ltd. shall have become final and conclusive after this judgment became final and conclusive.
Reasons
Basic Facts
Defendant B (hereinafter “B”) is the issuing company of F (hereinafter “F”) for a monthly month, and Defendant C (hereinafter “C”) is the Internet media of Defendant B, which issues F’s Internet board.
Defendant D is a person who actually determines the editing and publication of all articles as a F’s editing book, and Defendant E is a reporter of F.
The plaintiff is an enterprise that produces chemical goods, such as H, and exports them to a foreign country.
In March 2016, the Defendants reported an article as shown in attached Table 2 stating that “150,00 among the H manufactured by Company A of the Republic of Korea and exported to Turkey is used for a bomb terrorism, even though there is suspicion that the said H is being used for a bomb terrorism,” as the title “I”, the Defendants reported the same article (hereinafter “the instant article”) as indicated in attached Table 2 stating that “The said article was published in Defendant C’s website (G) as shown in attached Table 3.”
[Grounds for recognition] The Plaintiff’s determination as to the legitimacy of the claim for deletion of articles as a whole, Gap’s evidence Nos. 1 and 2, and the purport of the entire pleadings, asserts that since the article of this case is posted on the portal site, including media and NAV, and the Plaintiff’s personal right infringement status continues to exist in the present, Defendant C is obligated to request deletion of the article on the above portal site.
Article 44-2 (1) and (2) and Article 44-2 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (1) Where information provided to the general public for the purpose of disclosure is infringed upon any other person's right, such as privacy, defamation, etc., due to information provided through an information and communications network, a person whose infringement was committed shall delete or delete such information by clearly explaining the fact of infringement to