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(영문) 의정부지방법원 고양지원 2018.06.27 2017가단5399
손해배상
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff A was the chairperson of the E clan, and the plaintiff B was the auditor, the defendant C was the director, and the defendant D was the auditor.

When the land owned by the above clan was transferred to the "Jaju G Housing Site Development Project District" and expropriated, the above clan purchased the first land from H on October 25, 2007.

[Evidence] Facts without dispute, Gap 7's evidence 1 and 2's statements, the purport of the whole pleadings

2. Determination:

A. The plaintiffs asserted that the defendants injured the plaintiffs' honor by pointing out false facts as follows or caused mental suffering by filing several complaints against the plaintiffs, and accordingly, they claim compensation of KRW 30 million as consolation money.

1. Defamation ① Defendant C along with an executive officer of the clan in K, which is located in the jurisdiction of the Republic of Korea on February 1, 2013, refers to the Plaintiff’s 1 billion won in a divided course of study; ② Defendant D is waiting for meals with several members of the clan, including L, at the same place on May 11, 2013, and refers to the Plaintiffs, and “1 billion won in a 1 billion won in a fry, and it is deemed that it will fall short of 10 billion won in a fry,” and ③ Defendants will end a clan funeral system on November 10, 2013, with the members of the clan at the same place as that of the Plaintiff.”

The plaintiffs' honor was damaged by openly pointing out false facts.

2) In order to purchase H-owned land with compensation that the above clan land was incorporated into a development zone, the Defendants filed a complaint against the Plaintiffs for breach of trust by being aware of the fact that the Plaintiffs had lawfully concluded a sales contract. ② Defendant D filed a complaint for perjury of M, N, andO with the Plaintiffs on February 17, 2013 (Defendant’s testimony in defamation case against the Plaintiffs on February 17, 2013). ③ Defendant C conspired with H to purchase the land owned by H, the market price of which is much higher than KRW 8.7 billion.

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