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(영문) 대구지방법원 2020.04.07 2019가단9245

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff promoted the project to install solar power generation facilities (hereinafter “instant project”) in the Youngcheon-si Forest and C (hereinafter “instant land”), and the Defendant is a D Rie Chapter.

B. Around March 2018, a civil petition was filed to oppose the instant project to the Youngcheon Viewing City under the name of the Dong of the residents of the Driri Village.

C. Accordingly, for the promotion of the instant project, the Plaintiff carried out the following events: (a) the holding of a briefing session on March 5, 2018; (b) consultation on April 5, 2018; (c) holding of a briefing session for residents on July 2, 2018; (d) holding of a briefing session for residents and holding consultations on July 2, 2018; and (e) holding a civil petition and delivery event for second residents on May 25, 2018 and May 1, 2018.

[Based on recognition] Each entry of Gap evidence 1-2 (including each number), and the purport of the whole pleadings

2. The residents including the plaintiff's assertion interfered with the plaintiff's business by refusing the residents' briefing session for the promotion of the plaintiff's business in this case, threatening with deadly weapons at the time of request for an interview with the plaintiff, or filing a continuous civil petition at the time of Yongcheon. As a result, the plaintiff failed to conduct the business in this case until now, the plaintiff suffered losses of land purchase price, interest, business loss, design service cost, opening announcement fee, labor cost, aggregate 1,137,867,452, which is part of the defendant's claim against the defendant for damages of KRW 100 million.

3. In light of the judgment, as asserted by the plaintiff, it is difficult to recognize that the defendant committed an illegal act merely by refusing to present residents for the promotion of the plaintiff's business of this case, and filing a civil petition with related agencies, and there is no other evidence to prove that the defendant committed an illegal act. Thus, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.