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(영문) 서울서부지방법원 2020.02.07 2017가단234876

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 10,00,000, and KRW 7,000,000 to Plaintiff B, and each of the said money from October 24, 2016 to 20.

Reasons

1. Facts of recognition;

A. The plaintiff A is the chairman of the council of occupants' representatives of Yongsan-gu Seoul Metropolitan Government D Apartment, and the plaintiff B is the general secretary.

The defendant is a d apartment occupant.

B. The Defendant was sentenced to a fine of KRW 4 million on May 16, 2019 due to the following facts constituting an insult, defamation, or interference with business affairs.

(Seoul Western District Court 2018No664). The defendant appealed against it and appealed to Supreme Court 2019Do7576, but the above judgment became final and conclusive as the dismissal of appeal was declared on August 29, 2019.

The defendant is the resident of the D Apartment, the plaintiff B is the general director of the D Apartment, and the plaintiff A is the chairperson of the D Apartment's council.

The defendant paid 23,100,000 won to Law Firm E in the course of the lawsuit on a separate case by the council of occupants' representatives, and did not proceed with the lawsuit due to internal circumstances, with the knowledge of the fact that part of the litigation cost was returned to 14,30,000 won, which is a part of the litigation cost, and had the awareness of the fact that the council of occupants' representatives had been returned to

1. On July 2016, the Defendant made several statements to the effect that “the Plaintiff was divided into part of the attorney’s fees with the attorney-at-law,” among the apartment residents F in the vicinity of the 1st century.

However, in the process of a separate lawsuit under the name of the council of occupants' representatives, the Plaintiffs merely received KRW 14,30,000 from the retainers to the account of the council of occupants' representatives on September 21, 2016, and did not have any way to divide or embezzled the said money.

Nevertheless, the defendant has damaged the reputation of the plaintiffs by openly pointing out false facts about the plaintiffs.

2. On August 10, 2016, the Plaintiff refers to the Plaintiff B, among five employees, etc. at the management office room in D apartment management offices around 10:40 on August 10, 2016.