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(영문) 부산지방법원 2018.01.25 2017나4079

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant was issued a summary order of KRW 500,000 on September 23, 2015 for the following criminal facts:

(1) On May 2, 2014, the Defendant had no record of using the funds for the center for senior citizens in the name of the owner of the center for senior citizens in the Seocho-gu Busan Metropolitan City, and on May 2, 2014, the Defendant damaged the honor of the victim by openly pointing out false facts as if the Plaintiff would have useful the funds for the center for senior citizens in the name of the owner of the center for senior citizens while there are 17 members in the center for senior citizens in the center for senior citizens in the above center for senior citizens. (2) On May 7, 2014, the Defendant had no record of using 10,000 won in the center for senior citizens in the center for senior citizens in the city for senior citizens in Busan Metropolitan City. (3) Even if the Plaintiff did not use the funds for the center for senior citizens at the center for senior citizens at the center for senior citizens in the center for senior citizens in Busan Metropolitan City, by openly pointing out the fact that the Plaintiff would have useful the funds for the operation of the center for senior citizens.

B. As to this, the Defendant filed a request for formal trial, and the above court rendered the Defendant a judgment of suspended sentence of a fine of KRW 300,000 on the facts constituting the crime as stated in the above paragraph (2) on April 1, 2016, and on the facts charged as stated in the above paragraph (1), the Defendant’s statement is insufficient to recognize that the Defendant’s statement is a specific statement of fact that may undermine the social

(2015 High Court Decision 2016No1318). Although the prosecutor appealed, the court rendered a judgment dismissing the appeal (2016No1318), the above judgment became final and conclusive on September 10, 2016.

[Grounds for recognition] The entry of Gap evidence Nos. 17, 27, and 28, the substantial facts to this court, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the Defendant paid KRW 600,000,000 to the Plaintiff for oral gift although the Plaintiff did not have useful facts.