beta
(영문) 수원지방법원 2019.11.28 2019가단550582

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who was the president of the third unit council of lessees’ representatives in Suwon-si, Suwon-si, the third unit apartment complex C (hereinafter “instant apartment”).

The defendant is the managing director of the apartment of this case, and D is the chairman of the fourth council of lessees' representatives of the apartment of this case.

B. On May 2, 2018, E, who was the chairperson of the instant apartment management committee, filed a complaint with the Plaintiff by asserting that the Plaintiff damaged E’s reputation in the fourth tenant representative voting place of the instant apartment on May 2, 2018.

(U.S. District Prosecutors' Office 2018 type No. 35520, hereinafter referred to as "the instant case").

D was to prepare a written application to submit the instant complaint case, and the Defendant, upon D’s request, prepared on September 11, 2018 the written application with the same content as the attached Form (hereinafter “instant application”) with a computer and printed it out.

D was signed by 29 residents of the apartment of this case in the apartment complex of this case in the apartment complex of this case, and the appellant of this case submitted the written application of this case to Suwon District Prosecutors' Office on September 12, 2018.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 8 and 9, and the purport of the whole pleadings

2. The assertion and judgment

A. On September 11, 2018, the Defendant: (a) drafted the instant written application containing any factual or false facts with respect to the Plaintiff; (b) performed a resident public hearing on September 12, 2018; and (c) explained the contents of the instant written application to the occupants, and submitted it to the investigative agency upon signing his/her consent, thereby impairing the Plaintiff’s reputation.

Therefore, the defendant is obligated to pay consolation money of KRW 35 million and delay damages to the plaintiff.

B. The evidence submitted by the Plaintiff alone is sufficient to acknowledge that the Defendant undermined the Plaintiff’s reputation by preparing, submitting, etc. the instant written application for coal.