손해배상(기)
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.
1. The plaintiff is the chairman of the council of occupants' representatives of Yongsan-gu, Yongsan-gu (hereinafter "the loan of this case"). The defendant is the chairman of the council of occupants' representatives of the loan of this case.
[Ground for recognition] Unsatisfy
2. Determination on the main claim
A. The plaintiff's assertion was suffering from mental suffering due to the defendant's humiliation of personality, such as the defendant's bath, and thus, the defendant is obligated to pay 1,500,000 won for consolation money due to tort and delay damages to the plaintiff.
B. On March 28, 2019, the Defendant was sentenced to a judgment imposing a fine of KRW 1,000,000 on the following facts constituting the following crimes in the case of Goyang-gu District Court Decision 2019 High Court Decision 201Gohap49.
The above judgment became final and conclusive around that time.
At around 20:00 on October 24, 2018, the Defendant publicly insulting the Plaintiff on the ground that, while participating in the meeting of the management office of this case at the said place, the said representatives were heard by the council of occupants’ representatives, the Plaintiff’s wrong performance of the duties of the council of occupants’ representatives, such as “this Domine, Madro, Madro, Madro, Madro, Madro, Madro, and Madro,” and “publicly insulting the Plaintiff on the ground that the Plaintiff erroneously performed the duties of the council of occupants’ representatives.”
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
C. According to the above facts of recognition, the defendant is obligated to pay consolation money to the plaintiff, since he committed a tort such as obsing the plaintiff at a meeting where many people participate, which caused mental suffering.
Considering the developments leading up to the occurrence of the case, the relationship between the plaintiff and the defendant, and all other circumstances revealed in the arguments of this case, the above consolation money shall be set at KRW 700,000.
Therefore, from October 24, 2018, the defendant's judgment of the court of first instance, which recognized that it is reasonable for the plaintiff to resist the existence or scope of the obligation to perform as to consolation money amounting to KRW 700,000 due to the above tort, and that it is reasonable for the defendant to resist the plaintiff.