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(영문) 대구지방법원 2020.08.19 2019나316814

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 3,000,000 and also the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relevant Plaintiff and the Defendant, around 2016, maintained internal relations until September 2017, in the course of purchasing vehicles through the Plaintiff, who had worked at the Da Daegu Branch in Daegu-gu, Daegu-gu.

B. The defendant's tort 1) The defendant committed the crime of intimidation against the plaintiff as follows (hereinafter "the defendant's primary tort").

(2) On September 26, 2017, the Defendant sent text messages to the Plaintiff on the ground that the Plaintiff intends to complete internal relations with the Defendant, and made phone calls on September 28, 2017, thereby threatening the Plaintiff’s family and the Plaintiff’s workplace as if the Defendant informed the Plaintiff’s relationship with the Defendant. (2) As to the criminal facts that the Defendant damaged the Plaintiff’s reputation and credit (hereinafter “the Defendant’s secondary tort”), as set forth below, the Defendant did not deem that the Defendant was detrimental to the Plaintiff’s reputation or credit by misrepresenting false facts by the Defendant, or by pointing out facts.

Even if there is a reason that illegality is dismissed due to the public interest and the possibility that the defendant lending money to the plaintiff cannot be ruled out, the defendant's non-prosecution decision was rendered on September 29, 2017 (Seoul District Prosecutors' Office No. 2017 type No. 2811) on the ground that the defendant cannot be deemed to have damaged the plaintiff's credit by pointing out false facts. (A) The defendant damaged the reputation by pointing out false facts against the plaintiff at the place where there is an employee who has cast a vote at the head of the E Trade Union branch at the above D North Daegu Branch where the plaintiff works for the plaintiff on September 29, 2017. (B) The defendant read "the plaintiff is not lower, but less than the screen golf." (B) The defendant damaged the reputation by pointing out false facts against the plaintiff.