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(영문) 부산지방법원동부지원 2020.06.04 2019가단209088

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the chairperson of the council of occupants' representatives of Nam-gu Busan Metropolitan City H apartment (hereinafter "the council of occupants' representatives of this case"), the plaintiff B is the management director of the above council of occupants' representatives, and the plaintiff C and D are the auditors of the above council of occupants' representatives

Defendant E is the president of the Women’s Association of the above apartment, Defendant F is the secretary of the above Women’s Association, and Defendant G is the auditor of the above Women’s Association.

B. Defendant E, under the title of “the report and explanation of apartment problem points, the preparation of the resolution plan,” made a public announcement of the opening of the residents’ general meeting, and on January 17, 2019, posted a letter of public announcement on January 23, 2019, stating that “The seventh subrogation, as confirmed by the residents’ general meeting, was first necessary for the occupants, and carried out the above apartment bulletin board and the elevator inside the elevator, and then excessively executed funds in violation of the procedural laws and regulations.” Moreover, Defendant E posted a letter of public announcement on January 17, 2019, stating that “The 30 residents would incur property damage to the occupants by using the management expenses as food.”

C. Plaintiff A filed a complaint against Defendant E and F on the charges of interference with business and defamation with the Dong Office of Busan District Prosecutors’ Office, but the Dong Office of Busan District Prosecutors’ Office was not a disposition of non-prosecution on the grounds that all of the charges were suspected (defluence of evidence) on May 23, 2019 and June 28, 2019.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The Plaintiffs asserted that the Defendants interfered with the duties of the council of occupants’ representatives of this case and spread false facts, thereby impairing the Plaintiffs’ honor, and sought compensation for damages arising therefrom.

Only with the evidence Nos. 1 and 2, it is recognized that the Defendants interfere with the above work or spread false facts, thereby impairing the honor of the Plaintiffs.