Court: "Difficult to Conclude Falsehood Based on Submitted Evidence"
Legal Action Taken in 2021 Controversy... "Damages Amounting to 4 Billion Won"
Actor Jo Byung-gyu (29) lost the first trial in a damages lawsuit worth approximately 4 billion won that he filed against the whistleblower who raised allegations of school violence against him.
On November 2, multiple media outlets, citing legal sources, reported that the 37th Civil Division of the Seoul Central District Court (Chief Judge Lee Sangwon) ruled against Jo and his former agency, HB Entertainment, in their damages claim lawsuit against individual A, dismissing all claims. The court also ordered the plaintiffs to bear the litigation costs.
The controversy over Jo's alleged school violence surfaced in February 2021. At that time, individual A posted on an online community, mentioning Jo's time studying in New Zealand and claiming to have been assaulted by him. Jo's side denied the allegations and announced plans for legal action. While some of the whistleblowers later admitted to making false claims and apologized, individual A deleted their account and disappeared, leading to the continuation of the lawsuit. It is also known that a separate defamation complaint was dismissed without prosecution.
Jo's side claimed that, due to the online post by individual A alleging school violence, Jo's appearances in advertisements, dramas, films, and variety shows were canceled, resulting in total damages of around 4 billion won. They demanded compensation for this amount, including 200 million won in consolation money.
However, the court ruled, "Based on the evidence submitted by Jo's side, it is difficult to conclude that individual A made false statements." The court further stated, "There was no indication in the messages exchanged between individual A and Jo's acquaintance over approximately six months that individual A admitted to making false claims."
Regarding the written statements from about 20 acquaintances submitted by Jo's side, which asserted that no school violence occurred, the court determined, "All of these individuals have relationships with Jo in Korea, and it is difficult to consider that they could directly verify the facts of the incident, which allegedly took place in New Zealand," and did not accept them as evidence. Testimonies from some acquaintances who were with Jo during his time in New Zealand were also not accepted, as they were deemed to be based on personal relationships with Jo.
The court also found that individual A deleted the post not because they admitted it was false, but rather out of fear of criminal charges and a large-scale lawsuit, thus rejecting the plaintiff's argument.
Jo's side has appealed the ruling, and the second trial will be held at the Seoul High Court.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
