손해배상(기)
1. Of the part against Defendant B in the judgment of the court of first instance, the plaintiff who falls under any of the following amount ordered to be paid.
1. Facts of recognition;
A. From July 2016, the Plaintiff was the representative of the managing body of the J building (hereinafter “instant managing body”) located in Seongbuk-gu, Sungnam-gu, Seoul (hereinafter “instant condominium”) and worked as the manager from July 2016, and the Defendants are the sectional owners of the said condominium buildings.
B. On February 28, 2018, the Defendants filed a complaint with the Plaintiff, stating that “The Plaintiff, the representative of the instant management body, wrongfully disbursed and embezzled KRW 9.5 million as an extraordinary expense around July 2016, by December 2016, including embezzlement of KRW 23,397,180 via 12 times, as shown in the attached crime list,” the Defendants embezzled KRW 23,397,180.”
C. The plaintiff was above B.
On August 23, 2018, the prosecutor of the Sung-nam District Prosecutors' Office issued a disposition that the suspicion of occupational embezzlement was not suspected on the ground of lack of evidence. D.
On August 31, 2018, Defendant B made a statement with K and telephone call with the sectional owner of the instant aggregate building, such as “the manager is still unable to manage the building at present,” “the manager divided the ownership of assets trust money, and sold the mountain real estate by public sale to a person who is actually obligated to receive the said money,” and “enying that he will be responsible for the growth of the Hayang to the person who is actually obligated to receive the said money.”
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, and the purport before oral argument
2. On February 28, 2018, the Defendants asserted that the Plaintiff filed a complaint with the Plaintiff for occupational embezzlement, etc. on the grounds that the Plaintiff embezzled the budget of the instant management body individually useful as indicated in the attached Table.
In addition, around August 31, 2018, Defendant B damaged the Plaintiff’s honor by pointing out false facts in the phone call with K.
The plaintiff suffered losses to pay 5,500,000 won to cope with the above complaint, and the plaintiff sought compensation for the above damages against the defendants, and as compensation for the plaintiff's mental suffering against the above tort.