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(영문) 대구지방법원 2015.07.02 2015나3448

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. Plaintiff A and Defendant C are merchants operating stores in the E market located in Daegu-gu, Seogu, and Plaintiff B is the wife of Plaintiff A.

B. On March 14, 2013, the Plaintiffs and the Defendant were investigated by the Daegu Western Police Station in the case where the Defendant’s Defendant’s operation in the E market was challenged by violence.

C. On March 14, 2013, the Defendant prepared a written application stating that “A was living together with B at the Daegu Police Station during the investigation of the instant case,” and that thereafter, the E market began scarcity. A was scarcityd and scarcityd with the E market at the time of withdrawal of drinking, and used assault and violence, which led to a lot of accusation cases. A around March 14, 2013, found neighboring merchants and requested a court to give a false testimony, refused to do so, and expressed the signature of the instant application to 36 members of the E market conference, including G, etc., who are members of the E market at the front passage of the F market.”

On December 10, 2014, the Defendant was indicted as a crime of defamation and was sentenced to a fine of KRW 300,000 for a fine of KRW 200,000 by the Seo-gu District Court Branch Decision 201Ma923, supra.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 2, 4, and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it is clear in light of the empirical rule that the plaintiffs suffered considerable mental suffering by the defendant's tort, since the defendant shows the application of this case, which affected the social evaluation of the plaintiffs, to the members of the E market merchants' association, and signed, thereby impairing the plaintiffs' honor.