손해배상(기)
1. Defendant B’s KRW 3,00,000 and, with respect thereto, KRW 5% per annum from September 9, 2017 to October 16, 2018, and the following.
1. Basic facts
A. On December 4, 2015, the Plaintiff visited the instant shopping mall office with the president and the construction business operator of the instant shopping mall in order to conclude a commercial lease agreement on the first floor D underground of Gangdong-gu Seoul Metropolitan Government shopping mall (hereinafter “instant shopping mall”) and compute the estimation of the interior construction.
B. Defendant B, as the Director of the Commercial Building Management Office of this case, sent the Plaintiff who visited the commercial building office of this case on the same day with a large voice of “the Plaintiff is changed to the Plaintiff,” and “the Plaintiff is changed to the Plaintiff.”
C. On November 1, 2016, Defendant B was sentenced to a fine of KRW 1,00,000 as a crime of insult by the Seoul Eastern District Court (2016DaMa826), and Defendant B’s appeal against the said judgment (2016No1872) was dismissed, and the said judgment became final and conclusive.
On April 14, 2016, Defendant B filed a complaint with the public service center of the Seoul Dong District Public Prosecutor’s Office by asserting that he/she did not have expressed his/her desire to do so with the Plaintiff. However, on November 29, 2016, the Plaintiff was subject to a non-prosecution disposition (no suspicion) at the public service center of the original public prosecutor’s office, and Defendant B was sentenced to a fine of KRW 3,00,000 for an offense committed at the Seoul Dong District Public Prosecutor’s Office on July 18, 2017, and the said judgment became final and conclusive.
(2016 Highest 4383. [Grounds for recognition] A] Fact that there is no dispute, entry of Gap evidence 1 through 3, significant facts in this court, the purport of the whole pleadings.
2. Determination on this safety defense
A. The Defendants’ defense of this case constitutes a double lawsuit and thus unlawful, since the Defendants filed a lawsuit claiming damages against the Defendants on the ground that Defendant B insultingd the Plaintiff on December 4, 2015, and again filed the lawsuit of this case while continuing the lawsuit, the lawsuit of this case constitutes a double lawsuit.
B. Fact that there is no dispute over judgment. According to this court’s significant fact, the Plaintiff filed a claim for damages amounting to KRW 100,000,000 against the Defendants on the ground of insult on December 4, 2015 by Defendant B as this Court 2017Da7393, Apr. 13, 2017.