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Reasons
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(영문) 서울북부지방법원 2018.09.20 2017가단21500
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the council of occupants’ representatives of B apartment in Seoul Special Metropolitan City, Nowon-gu (seven to Ddong, 910 households, hereinafter “instant apartment”). The Plaintiff, as the occupant of the instant apartment from January 1, 2013 to December 31, 2014, was the Defendant’s 20th director.

B. On January 2, 2016, the Plaintiff moved from the apartment of this case to the Jung-gu, Seoul.

[Ground of recognition] A without dispute, Gap evidence No. 1-2, Gap evidence No. 19, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s Defendant broadcast the contents of the Plaintiff’s reputation as indicated in No. 4, 5, 6, 9, 10, and 15 of the attached table No. 4, 5, 6, 9, 10, and 15 to the occupants of the instant apartment, and posted a written public notice (hereinafter “instant public notice”). As a result, the Plaintiff could not lead a daily life due to the public notice, and the Plaintiff leased the instant apartment, and became a director on January 2, 2016. As such, the Defendant is obligated to compensate the Plaintiff for damages for the expenses for director’s vehicle KRW 910,00,00, KRW 10,780,000, KRW 5,000, total amount of mental damage compensation, KRW 16,690,00,00.

B. The content of the notice of this case is not false, but it is a duty of the defendant to hold a meeting and disclose the meeting on the operating expenses, expenses, and delinquent management expenses of the representative. Thus, the posting of the notice of this case is for public interest, and its illegality is dismissed.

3. Determination

A. In a case where a person’s reputation is undermined by expressing the facts of the legal doctrine, when the Plaintiff claims damages by asserting that the alleged facts are false or false as the cause of the claim, the burden of proving the falsity is borne by the Plaintiff. However, the fact alleged by the Defendant is true and is solely public.

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