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(영문) 대구지방법원서부지원 2015.08.12 2014가단10179

손해배상(기)

Text

1. Defendant E shall pay Plaintiff A KRW 500,00,00, KRW 500,00 for each of the above amounts to Plaintiff B, C, and D, and each of the above amounts. < Amended by Presidential Decree No. 2500, Apr. 24, 2014>

Reasons

1. Basic facts

A. The plaintiffs and the defendants were those who were residents of the Seogu-gu J apartment, and the plaintiff A was the representative of the above apartment occupant, the chairperson of the above apartment non-standing committee, the defendant G was the chairperson of the above apartment non-standing committee, the auditor of the council of occupants' representatives, and the defendant I was the representative of the above apartment. The plaintiff B is the plaintiff A's spouse, the plaintiff C, and the plaintiff Eul were their children.

B. On September 6, 2012, Plaintiff A: (a) held a council of occupants’ representatives and inserted “water supply pipes replacement work” into the 2012 long-term repair plan; and (b) carried out procedures, such as the designation of a business operator for the replacement of water pipes; and (c) caused conflicts with residents opposing the said construction work on the ground thereof.

C. The Defendants were investigated by the investigative agency on the grounds that the Plaintiff A committed an unlawful act in connection with the replacement of water pipes or the execution of public funds. Defendant I was subject to an investigation by the investigative agency under the agreement with the Plaintiff, and Defendant E, F, G, and H were indicted for each defamation charge.

The summary of the first instance judgment against the Defendants prosecuted (Seoul District Court 2013 High Court 294, 2013 High Court 158, 2013 High Court 2013 High Court 649) is as follows.

On October 26, 2012, in the course of performing the construction work for replacing the apartment water supply pipes, the Plaintiff embezzled the public fund on November 7, 2012 by pointing out false facts that the Plaintiff had contacted with the company or violated the provisions, and embezzled the public fund. On October 20, 2012, the Plaintiff embezzled the public fund on October 21, 2012 by pointing out false facts that the Plaintiff had caused the defective construction work, or caused the occupants to make a false statement. On October 20, 2012, the Chairperson of the Residents’ Representatives’ Representatives’ Representatives’ Meeting started the Water Supply Work, and the management fee was a million won. On October 21, 2012, the Plaintiff embezzled the public fund on October 7, 2012, by citing that the Chairperson of the Representatives’ Meeting embezzled the KRW 700,000 won. < Amended by Presidential Decree No. 23780, Jun. 15, 2012; Presidential Decree No. 23920, Oct. 21, 21, 201, 20