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(영문) 서울고등법원 2018.12.07 2018나2040608
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The grounds for this part of the basic facts are as stated in the corresponding part of the judgment of the court of first instance (from No. 21 to No. 20), and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this part of the judgment of the court concerning the primary claim is as stated in the corresponding part of the judgment of the court of first instance, except for the dismissal of part of the judgment of the court of first instance as follows. Thus, this part of the judgment of the court of first instance is accepted as it is by the main text of Article 420 of the Civil Procedure Act.

The 3rd part "2" in the 21st part shall be read as "A", the 4th part "3" in the 7th part of the 4th part as "B", the 8th part "A" as "1)", and the 18th part "B" as "2."

Part 6-5 of the first sentence "(c)" is "(c)", "6-1" is "(a)", "7-2(b)" is "B", and "5-5(a)" is respectively different from "(i)".

The term “(B)” in the first sentence of the 9th sentence shall be read as “(2)”, “(3)” in the 14th sentence as “C”, “(d)” in the 10th sentence as “4)”, “(a)” in the 7th sentence as “A”, and “(2)” in the 10th sentence as “B”.

Part 11 sets aside "(3)" in Part 3, and part 12 "E." in Part 17, respectively, as "(5)."

3. The Plaintiff seeking a counterargument report on the article of this case as an appropriate disposition for restoring honor pursuant to Article 764 of the Civil Act, which is determined as to the conjunctive claim.

Although the Plaintiff does not expressly state Article 764 of the Civil Act, the Plaintiff’s primary claim is also sought pursuant to Article 764 of the Civil Act. However, a counterargument report pursuant to Article 16 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports may be claimed within three months from the date the relevant press report, etc. became aware of, and within six months from the date the relevant press report, etc. was made. The instant preliminary claim was made three months from the date the Plaintiff became aware of the broadcast of this case and the publication of the instant article, and six months from

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