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(영문) 수원지방법원 2020.02.12 2019가단532980

손해배상(기)

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, as an internal director of the Inteina Construction Business Co., Ltd. (hereinafter “Plaintiff”), actually operates the Plaintiff Company as a director, and the Defendant is a person who is engaged in the inteina Construction Business.

B. In December 2017, the Defendant received a subcontract from the Plaintiff Company to complete the interior works of the singing room D, which was executed by the Plaintiff Company, and around January 2018, the Defendant received a subcontract for the work of the F in Seocho-gu Seoul, Seocho-gu, Seoul.

C. Meanwhile, from January 2017, Plaintiff Company maintained a contractual relationship with G (hereinafter “Nonindicted Company”) that is a Franchising company, with which it was awarded a contract for F’s interior work from Nonparty Company, thereby executing the work and receiving the payment.

However, in March 2018, the Defendant asserted that the Plaintiff Company did not receive the F’s other work cost from the Plaintiff Company, and subsequently found it in the office of the Nonparty Company located in Songpa-gu Seoul, Songpa-gu, Seoul, and publicly insulting the Plaintiff Company to the effect that “the Plaintiff Company is a garbage company that did not pay the price after the construction work and is changed into the morale.”

E. Accordingly, the Defendant was indicted as a crime of insult by Suwon District Court 2019Ma304 and was sentenced to a fine of KRW 500,000 from the above court on August 30, 2019, and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1 and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion asserted that the Defendant did not receive the payment of the construction cost even if the Plaintiff received the payment of the Flateral Work Costs from the Plaintiff, and that the Nonparty Company, the contractor of F the interior works, without permission, occupied by the Nonparty Company, which was the contractor of F the interior works, and made defamation and insult against the Plaintiff.

The above act of the defendant is attributable to the plaintiff company and the non-party company.