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(영문) 서울중앙지방법원 2018.05.31 2018가단5636
손해배상(기) 청구의 소
Text

1. The Defendant’s KRW 3 million to the Plaintiff, as well as 5% per annum from February 3, 2018 to May 31, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is the head of the management office of female-si apartment, and the Plaintiff served as the head of the Dong-dong Autonomous Council of the said apartment from January 1, 2016 to April 11, 2017.

B. The Defendant had a conflict between the Plaintiff and the Plaintiff. On April 13, 2017, around 16:28, the Plaintiff collected about 30 residents of the apartment complex in the above apartment center, and explained the reason for the resignation of the head of the autonomous council. The Plaintiff publicly stated that “The head of the autonomous council, who became aware of Dong and Dong members, was frighted with Dong and Dong-dong representatives, kis, kis, kis, kis, and kissssss, and is called as the head of the autonomous council.” Accordingly, on January 15, 2018, the judgment became final and conclusive around that time after being sentenced to a fine of KRW 1 million as a crime of defamation by the Seocheon District Court Branch of the Gwangju metropolitan District Court on January 15, 2018.

C. On July 11, 2017, the Plaintiff re-entered with D in around 2015, and confirmed a divorce divorce by agreement at the female court of the Busan District Court’s Netcheon-si branch, and reported it around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9 through 11, and 13 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion undermined the Plaintiff’s reputation in bad faith as if the Defendant were a woman who has disturbed the Plaintiff’s sexual intercourse. Accordingly, the Plaintiff caused divorce by verbal abuse from D, etc., which was committed by her husband, and thereby, the Plaintiff was subject to mental and medical treatment due to its shock, depression, stress, depression, etc.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 32,154,650, totaling KRW 32,154,650, and KRW 30,000,000,000 for mental suffering suffered by the Plaintiff due to the above tort.

B. According to the facts of recognition of the establishment of tort 1, the Defendant committed a tort that defames the Plaintiff’s reputation before apartment residents.

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