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(영문) 수원지방법원 2016.08.25 2016가단14078

손해배상(기)및위자료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 13, 2013, the Plaintiff filed an application for provisional disposition against the Defendant to suspend the performance of the duties of the administrator with the Suwon District Court 2013Kahap342, named as the representative of the management body of Suwon-si, Suwon-si C and D ground Etel (hereinafter “instant officetel”). The said court rendered a decision to dismiss the said application on the ground that the said application was filed by a non-representative of the power of representation on the ground that it was unlawful.

This decision became final and conclusive on September 25, 2013 after the plaintiff filed an appeal, and then withdrawn the appeal.

After that, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs under the Suwon District Court Decision 2013KaMa907, and on November 20, 2013, the said court rendered a decision that the amount of litigation costs to be repaid to the Defendant was KRW 1,564,502, which became final and conclusive on December 4, 2013.

B. The Plaintiff and F filed an application against the Defendant for provisional disposition of perusal and copying of books, etc. with the Suwon District Court 2013Kahap470, and the said court rendered a decision to dismiss the said application on December 13, 2013. Accordingly, the Plaintiff and F filed an appeal with the Seoul High Court 2013Ra1845, but the said court rendered a decision to dismiss the appeal on March 12, 2014, and the said decision became final and conclusive on March 25, 2014.

After that, the Defendant filed an application against the Plaintiff and F for the determination of the amount of litigation costs with the Suwon District Court 2014Kaob288, and on July 29, 2014, the said court rendered a decision to confirm that the Plaintiff and F are KRW 684,375, respectively, and that the said decision became final and conclusive on August 11, 2014.

C. The Plaintiff filed a complaint with the Defendant as a crime of occupational breach of trust and interference with bidding, but the Defendant was subject to a disposition on July 26, 2013, as there was no suspicion due to lack of evidence.

On March 19, 2014, the Defendant filed a complaint with the Plaintiff by interfering with the Plaintiff’s business, and the Plaintiff rendered a summary order of KRW 10,00,000 as the Suwon District Court Decision 201Da1220 on March 19, 2014 for a crime of interference with business, etc.