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(영문) 서울고등법원 2018.08.24 2018나2006066
정정청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The scope of the judgment of the court in this case is the part of the article in the attached Form 2 reported by the defendant, which states that "the plaintiff was closed without entering the result of the free gift market survey on March 2015 into the agenda of the Committee (hereinafter "part A")," and "the plaintiff covered the ten billion won penalty, and the 10 billion won penalty shall have been imposed on the National Treasury (hereinafter "part B")," and "the plaintiff's reason for not imposing the penalty is that the F Chairperson of G and the Vice-Chairperson of the Seoul Eastdong branch are sports and the person related to the Seoul Eastdong branch (hereinafter "section III or the article of this case") are false, and the plaintiff claimed a corrective report and enforcement fine."

The first instance court rendered a judgment dismissing the remainder of the plaintiff's claim. (3) The only part was considered false and ordered to make a corrective report on this part.

Therefore, since both the Plaintiff and the Defendant appealed the appeal but thereafter the Plaintiff withdraws, only the corrective report claim as to the third part cited in the first instance trial and the primary claim as to the claim for enforcement fine, and the conjunctive claim fall under the scope of the judgment of this court.

2. The reasoning of the judgment of this court concerning the acceptance of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for the following portions to be determined additionally, and thus, it is acceptable in accordance with the main sentence of Article 42

3. Parts to be determined additionally

A. Whether the article of the media of this case explicitly expresses a fact, whether the article of the media of this case simply expresses an opinion or comment, or whether it expresses an opinion or comment, but at the same time distinguishings whether the article explicitly expresses a fact that is the basis thereof.

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