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(영문) 서울중앙지방법원 2014.04.24 2012가단85357

손해배상

Text

1. The Defendants: (a) KRW 1,000,000 for each Plaintiff; and (b) 5% per annum from August 1, 2010 to April 24, 2014; and (c)

Reasons

1. Basic facts

A. At the time of 2009, the Plaintiff was 109 Dong-dong representatives and general members of Seongbuk-gu Seoul Metropolitan Council of Residents' Representatives (hereinafter “instant apartment”). The Defendants were members of “H composed of occupants of the instant apartment.”

B. On August 4, 2009, I et al., who had been audited by the council of occupants' representatives at the time of 2009, prepared a written consent from the residents of the occasional audit request that “436,150 won out of the management expenses of the instant apartment was illegally executed without the resolution of the council of occupants' representatives,” and posted it on the bulletin board of the instant apartment.

C. Defendant F prepared a written consent of dismissal stating the same contents as the above B, and presented it to the 109 occupants of the instant apartment, and received the written consent on August 7, 2009, but returned to the council of occupants’ representatives on August 8, 2009, but failed to meet the quorum.

I et al. received a written consent of dismissal on August 10, 2009 and received it to the council of occupants' representatives, and on the same day, a written public letter was prepared in the name of the council of occupants' representatives to the effect that "the 29 households with 109 households (40 households) and more than 2/3 of the 109 households (40 households) have submitted and received a written consent of non-Confidence to the plaintiff pursuant to Article 18 (2) 8

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 13, 17, 19, 32, 33 and 35, and the purport of the whole pleadings

2. The Plaintiff, the cause of the Plaintiff’s claim, asserted only the cause of the claim under paragraph (1) below at the complaint, and added the claim to the following paragraphs (2) through (6) in accordance with the purport of the claim and the amendment of the cause of the claim as of March 11, 2013, and the preparatory document as of November 6, 2013.

Around August 4, 2009, the Defendants, including Defendant 1, 1, stated the false fact that “the time and place of illegal acts alleged by the Plaintiff,” and the Defendants, around 14, 2009, illegally executed and calculated a large amount of expenses,” the written consent from the residents of the occasional audit request return to the apartment site, such as a health room, etc., and spread false facts to the occupants with the written consent.