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(영문) 부산지방법원 2015.06.26 2015나2598

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a person who served as the chairman of the election management committee of the Young-gu, Busan (hereinafter "the apartment of this case"), and the defendant was a person who served as the chairman of the council of occupants' representatives of the apartment of this case.

B. On June 10, 2011, the Defendant filed an application against the Plaintiff for provisional suspension of the performance of duties by the Chairperson of the Election Management Committee as Busan District Court 201Kahap1191, but was dismissed on July 25, 2011. However, the Defendant filed an appeal with the Busan High Court 201Ra152 on September 17, 201, but the said decision became final and conclusive on September 27, 2012.

C. The Defendant filed a complaint with the Plaintiff on the charge of preparing qualification-based personal documents, uttering of a falsified document, interference with business, and destruction and damage of documents, but on June 3, 201, the Defendant rendered a final decision that the Plaintiff was suspected of being guilty due to lack of evidence.

Although the Defendant filed a complaint against the Plaintiff for defamation, insult, or intimidation, on October 27, 201, the Defendant was deemed to have been guilty of defamation and intimidation, and was issued a final decision that the defamation and intimidation was not suspected of being inconsistent with evidence. On December 28, 2011, the Defendant filed an application for adjudication with the Busan High Court Decision 201Hu747 on April 9, 2012, but became final and conclusive upon receipt of the decision of dismissal on April 9, 2012. On April 18, 2012, the Defendant appealed against the insult by Busan District Court Decision 201Da5831, which was sentenced to a fine of KRW 300,000,000,000, and appealed and appealed on October 11, 2012.

[Ground for Recognition: Facts without dispute, Gap evidence 6, 15-1, 2, 16-2, Eul evidence 2, the purport of the whole pleadings]

2. Determination on the cause of the claim

A. The Plaintiff suffered mental pain by the Defendant by filing a complaint against the Plaintiff and filing a civil lawsuit and provisional disposition against the Plaintiff, and causing the occupants of an apartment to be misled as if the Plaintiff erred in doing so, and caused the Defendant to pay the expenses to cope with the lawsuit, etc., so the Defendant is obligated to compensate the Plaintiff for damages caused by the tort.