1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is operating the “D rice tea house” in Suwon-si, Suwon-si, Seoul Metropolitan City, while the Defendant is operating the “E” in the same commercial building.

B. On July 15, 2015, the Defendant was sentenced to a fine of two million won for the criminal facts, including the criminal facts of defamation against the Plaintiff (hereinafter “instant defamation”).

(U) On January 20, 2016, the Defendant appealed, but was sentenced to the dismissal of an appeal on January 20, 2016 (No. 2015No43766). The Defendant appealed again on April 29, 2016 (Supreme Court Decision 2016Do2327). The foregoing judgment became final and conclusive on the same day (Supreme Court Decision 2016Do2327).

On February 4, 2014, the Defendant distributed one copy of the leaflet stating “F” to the business owner G in the above commercial building, “F,” which read “F,” as “I, business attitude, disregarding member recommendations, lack of qualification, prosperity conference’s agency business, and male virtue, I must resign, I must resign,” and damaged the Plaintiff’s reputation, the president of the commercial building business group, by openly pointing out false facts.

On March 4, 2014, the Defendant: (a) distributed six copies of the leaflet in which “F” business owners G, “H” business owners, “J” business owners, “L,” “NE” business owners, “O” business owners; and “O” president of the said commercial building, by means of inserting them under each shop crepan or distributing them to have them inside their respective stores, thereby openly pointing out false facts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. Occurrence of liability for damages;

A. Even if a civil trial on the basis of a claim is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already became final and conclusive on the same factual basis is significant.