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(영문) 전주지방법원 2019.11.20 2019가합2031
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the head of C/Gun, and the defendant is a press company that issues D/L.

B. On August 23, 2018, the Defendant posted the article as indicated in attached Table 1 (hereinafter “E”) as the title “E” on the 1st page of the D Press General, and on August 27, 2018, on the 1st page of the D Press General, the article as indicated in attached Table 2 as “F” (hereinafter “instant article”) as the title “F” (hereinafter “instant article”).

C. On August 29, 2018, the Plaintiff filed an application with the Press Arbitration Commission prior to the Press Arbitration Commission (hereinafter referred to as the “ Press Arbitration Commission”) for mediation of the correction of each of the instant articles and the claim for damages due to defamation of the Plaintiff. On September 11, 2018, the Press Arbitration Commission stated that the Defendant, on the date of the mediation hearing of the Press Arbitration Commission, recommended the Plaintiff to waive the claim for damages, and that the Plaintiff’s agent would comply with the decision of the Arbitration Commission.”

On the same day, the Press Arbitration Commission made a decision in lieu of conciliation, including “the Defendant shall make a corrective report on each of the articles of this case, and the Plaintiff waives the remainder of the claims when the corrective report is implemented.” On September 18, 2018, the Plaintiff filed an objection against the said decision.

(On the other hand, the defendant filed a corrective report on each of the articles of this case after the above decision). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 9 through 13, Eul evidence Nos. 1 through 4 (including the number of branch numbers), and the purport of the whole pleadings.

2. Determination on this safety defense

A. The gist of the Defendant’s main defense was that the Plaintiff filed an application for the adjustment of the press regarding each of the instant articles, and on September 11, 2018, stated that it would comply with the decision of the Arbitration Commission at the time of the arbitration hearing by the Press Arbitration Commission, and that the Defendant is the Plaintiff.

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