구상금
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.
1. In the first instance court, the Plaintiff filed a claim for damages due to a tort on the ground that (i) the Plaintiff, despite being a person disqualified as the representative, caused the Defendant to act as the representative of the Plaintiff, and (ii) the Defendant, by pointing out false facts, thereby damaging the Plaintiff’s reputation and suffering from mental distress (the second claim). The first instance court dismissed the first claim and partly accepted the second claim.
Accordingly, the defendant only appealed against the part against the defendant, so this Court's decision is limited to the second claim.
2. Basic facts
A. The plaintiff is a resident of Daegu C Apartment (hereinafter referred to as "the apartment of this case") and the defendant is the head of the management office of the apartment of this case.
B. Around early 2015, in the name of the president of the resident representative of the instant apartment, a written public notice of the resident general meeting (hereinafter “instant public notice”) stating that “4 security rooms are to be removed due to the report of residents entering the security room to a building without permission.” On April 20, 2015, the public notice of the resident general meeting was posted (hereinafter “instant public notice”).
C. On March 2014, the Defendant made a statement to D that “the person who reported the instant apartment guard room as an illegal building is the Plaintiff” (hereinafter “the instant statement”).
[Ground of recognition] Facts without dispute, Gap evidence 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 2 and 3, the purport of the whole pleadings
2. Judgment on the plaintiff's second claim
A. Although the Plaintiff did not report the apartment guard room of this case as an illegal building, the Defendant posted a written public notice of this case, and the Defendant damaged the Plaintiff’s honor by pointing out false facts by making the instant statement to D and thereby suffered mental damage.