손해배상(기)
1. All appeals against the Defendant (Counterclaim Plaintiff) and counterclaim claims filed in the trial against the Defendant (Counterclaim Plaintiff) are dismissed.
2...
1. Determination as to the main claim
A. The Defendant served as the 11st unit representative of Pyeongtaek-si apartment from July 1, 2011 to June 30, 2013. The Plaintiff was elected as the 12th unit representative of Dong by entering the election for the above apartment building that was held on May 10, 2013. (2) On May 29, 2013, the Defendant: (a) among the representatives of apartment units and occupants in the 2nd unit meeting of the apartment management office of this case (hereinafter “the special meeting of this case”) at the special meeting of occupants opened in the 2nd floor meeting of the apartment management office of this case (hereinafter “the special meeting of this case”), the Plaintiff, despite the fact that the Plaintiff did not have mental capacity and was in place at the mental hospital, should not be elected as the friend representative of the spawn, the spawn person, the spawn person, and the spawn person may not have any knowledge of the spawn, etc.”
3) On October 11, 2013, the Defendant was charged with summary summary as a crime of defamation, and was ordered to a fine of KRW 700,000 as Suwon District Court KRW 200,50,000. The above summary order became final and conclusive on December 31, 201 of the same year. [In the absence of dispute over the grounds for recognition, evidence Nos. 1-1 through 9, evidence No. 1-5, and evidence Nos. 5 and 6, the purport of the whole pleadings, and the purport of the whole pleadings.
B. 1) According to the above facts finding that liability for damages was established, it is clear in light of the empirical rule that the Defendant committed a tort against the Plaintiff by pointing out false facts with respect to the Plaintiff, and that the Plaintiff suffered emotional distress. Thus, the Defendant is obligated to pay compensation as a tort in money for mental distress suffered by the Plaintiff. 2) In full view of all the circumstances revealed in the arguments in the instant case including the background and motive of the occurrence of defamation cases within the scope of damages, the means and method of the crime, the degree of criminal punishment the Defendant received, the status of the original Defendant, etc., it is reasonable to determine the amount of consolation money as KRW 500,000,00
3. In accordance with the resolution of the lawsuit, the defendant shall pay consolation money of KRW 500,00 to the plaintiff and this.