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(영문) 서울중앙지방법원 2017.11.15 2017가단5001052

손해배상(기)

Text

1. The Defendant: KRW 500,000 to Plaintiff A; KRW 300,00 to Plaintiff B; KRW 500,000 to Plaintiff C; and KRW 500,00 to Plaintiff D; and

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant are merchants engaged in the business in Jung-gu Seoul Metropolitan City G shopping district, who were the president of H composed of the merchants in the above shopping district, and the defendant was the next president.

B. The defendant received a conviction on the ground that defamation against the plaintiffs, etc., and the summary of the facts constituting the crime by the plaintiff and the sentence by the plaintiff are as follows.

1) Plaintiff A: around January 9, 2013, the Defendant sent to Plaintiff A a letter containing false information that “A remains unpaid for the management expenses of the commercial building operation council for three months, and caused enormous trouble in the operation of the commercial building. Of these, a part of the merchants, after the closure store, have left the shop in the central passage of the commercial building and run the commercial building without chest. Since 80% merchants feel fear and have a great trouble in their lives as well as mental harm, the Plaintiff’s re-contract was reviewed for the development of the commercial building.” On the other hand, the Defendant damaged Plaintiff A’s credit by sending it to Plaintiff A with a charge of KRW 500,000 (Seoul Central District Court Decision 2013Da3582, Seoul Central District Court Decision 2013No4317, Supreme Court Decision 2014Do2987, Feb. 29, 2015). The Defendant removed Plaintiff’s clothes from each of the above types of clothes sold to Plaintiff B and sold to Plaintiff B’s stores.

A fine of KRW 1 million (Seoul Central District Court 2015Da2220, Seoul Central District Court 2015No3010, Jan. 9, 2013). 3 Plaintiff C and D: the Defendant did not have unpaid management expenses of Plaintiff C and D on or around January 9, 2013, the Defendant provided “Plaintiff C and D receive all benefits for the management expenses and the operation of commercial buildings from E, the former president, and intentionally provide commercial order with neighboring merchants.