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(영문) 의정부지방법원 2019.12.20 2019가단103195

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. From March 1, 2014 to August 31, 2015, the Plaintiff related to the parties served as the head of the Gu-Si apartment management office (hereinafter “instant apartment”). The Defendant was the representative of the council of occupants’ representatives of the instant apartment around the said period.

B. 1) The council of occupants' representatives of the apartment of this case decided to perform the landscaping improvement work of the apartment of this case with the subsidies of the Guri-si, and thereby, D Co., Ltd. (hereinafter "D").

As the construction cost of approximately KRW 270,000,000 with respect to apartment landscaping contract (hereinafter “instant landscape gardening contract”).

D The same year from May 7, 2014

8. By the 15th day, the above landscaping construction was carried out.

2) During the process of the construction project, the Plaintiff conflicts with D as a matter of the settlement of defects in landscaping construction works, such as the use of waste-based stones for the establishment of the project, the death of pine trees, etc., and the additional construction cost. In that process, the payment of the construction price for D was delayed. On September 4, 2014, the Plaintiff did not pay the price even though the landscape construction cost for D was deposited in the account of the said apartment council from the Gu Council of Residents’ Council. (C) On September 11, 2014, the Plaintiff’s representative director reported to the Defendant around September 11, 2014, that “the management office (Plaintiff) demanded KRW 10 million to re-revision the said amount after requesting the Defendant to re-revision the amount to KRW 8 million.” On the same day, the Plaintiff told the head of the management office, who is the general director of the council of occupants’ representatives, of the apartment building, to “the management office demanded KRW 10 million.”

(2) The Plaintiff asserted that E had made a false statement due to conflict in the process of the landscaping project of this case, and filed a complaint as a crime of defamation due to a false witness of war, and that E was indicted for committing a crime of defamation due to a false witness of war. 3) In the trial of the first instance of the above criminal case.