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(영문) 수원지방법원 2019.01.25 2018나5215

손해배상

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic Facts

The plaintiff is the representative of the Dong-gu Suwon-si Seoul apartment (hereinafter referred to as "the apartment of this case") and the defendant is the chairman of the election commission of the apartment of this case.

The representative of Dong and the auditor retirement club: Each representative of Dong and auditor: subparagraph D shall monitor the number of personal life of each representative and auditor, and subparagraph D shall publicly announce that he/she has resigned from his/her office as the representative and auditor on July 24, 2017 because he/she cannot perform his/her duties any longer.

From July 24, 2017 to July 30, 2017, the Defendant posted the same representative and the notice of resignation of the auditor (hereinafter “the notice of this case”) with the following contents in each of the bulletin boards and elevators of the instant apartment.

On July 25, 2017, the Plaintiff posted a letter to the Defendant stating the following: “In response to the content of the instant public notice, the head of Dong/Dong requested the Defendant to delete and post a part of “the head of Dong/Dong’s private life monitoring one’s private life,” but the Defendant refused such a request, i.e., the Defendant’s rejection of such a request, clearly presented evidence: (a) how one of the contents of the instant public notice monitors the private life; (b) what is the head of Dong/Dong’s private life; (c) the head of Dong/Dong’s president, who has no ground to create a sense of sanct with the resident, and (d) how to

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, and the purport of the whole argument of the plaintiff's argument as to the purport of the whole pleadings, the defendant put in bad faith the plaintiff in the public notice of this case with a phrase "to monitor the privacy of Eul," thereby damaging the plaintiff's reputation, and thereby, the plaintiff suffered mental suffering. Thus, the defendant is obligated to pay 3,456,00 won as consolation money and delay damages to the plaintiff.

Judgment

Defamation, which is a tort under the Civil Act, is a liability for damages.

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