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(영문) 수원지방법원 2018.08.10 2017나79301

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The Plaintiff was in charge of the general affairs of the management committee (hereinafter “the management committee of this case”), and was appointed as the chairperson of the management committee around September 2015, and was in charge of the president’s duties until he/she was dismissed by a resolution of the management committee’s special general affairs (hereinafter “the special affairs of this case”) around March 28, 2017.

(B) At the time of the instant special meeting, the instant management committee was comprised of the Plaintiff, the Vice-Chairperson C, the Defendant B, the managing members of the Defendant B, the management members of the Defendant B, the members of the management committee, D, E, F, and G, and the said special meeting was convened at the request of the Defendant and the designated members.

(B) On December 7, 2015, the Plaintiff received a summary order of KRW 2 million (200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won or more (2015,000,0000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000)

(A) A. A. A. The relevant criminal judgment became final and conclusive at that time, and the gist of the Plaintiff’s criminal facts stated in the relevant criminal judgment is that “the Plaintiff sent a false text message to the members of the Management Committee of this case using a computer text message program for the purpose of slandering I, who was the president of the Management Committee of the Commercial Building of this case, and in the same way sent a text message that defames I’s J to the above Management Committee members.”

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 3, Eul evidence 7, Eul evidence 2, Eul evidence 13-1, 2, Eul evidence 17, and Eul evidence 18, the purport of the whole pleadings, and the plaintiff's assertion of the purport of the whole pleadings, and the judgment of the plaintiff's assertion, etc. are related criminal judgments such as fine of 1,50,000 won and duplication costs while performing legitimate duties as the chairperson of the Management Committee of this case.