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(영문) 대법원 2016.05.27 2015다33489
정정보도 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. With respect to the first ground for appeal, in order to clarify the litigation relations, the presiding judge may ask the parties questions concerning the factual or legal matters, and urge them to testify.

(Article 136 (1) of the Civil Procedure Act). In addition, the court shall give the parties an opportunity to state their opinions on legal matters which are deemed clear and clear to the parties.

(Article 136(4) of the Civil Procedure Act. The record reveals that the Plaintiff suffered damage caused by the Defendant’s biased and unilateral report, and the Plaintiff asserted on the premise that the report is “false fact.” The first instance court also included the purport of claiming compensation for damages on the ground of defamation by the statement of “fact,” and accordingly acknowledged the Defendant’s liability for damages.

On the first day for pleading of the lower judgment, the Plaintiff made a statement by arranging the purport of the claim, stating, “The publication of such facts, other than false facts, constitutes defamation, and thus, constitutes a claim for damages.”

In light of the legal principles as seen earlier, the plaintiff finally arranged the argument that the plaintiff claimed damages because the contents of the defendant's report were false or false, and thus, the court below ordered the plaintiff to attend the hearing in order to clarify this point. In so doing, contrary to what is alleged in the grounds of appeal, the plaintiff did not err by exceeding the limit of the exercise of the right to request the statement, or by violating the principle of disposition and the principle of pleading.

2. As to the second ground for appeal, the parties, legal representatives and the first instance judgment shall be indicated in the petition of appeal, and if the purport of appeal against the judgment is stated, it shall be sufficient, and the extent of appeal to be determined by the appellate court shall be the appellate court.

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