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(영문) 춘천지방법원강릉지원 2017.10.24 2016나50693
손해배상(기)
Text

1. According to the expansion and reduction of the purport of the claim by this court, the judgment of the first instance is modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the J market complex building [the main 4,293.9 square meters on the ground of the 1st floor (1,014.74 square meters) above the 4th floor above the ground (1st floor 4,293.9 square meters on the 2nd floor, 4,812.05 square meters on the 3,519.82 square meters on the 3,306.74 square meters on the 3,306.74 square meters on the 1st floor), which is an aggregate building in Gangnam-si City. The Plaintiff is the owner of the 203th floor above the above underground 1st floor, 1st, and 2nd floor (hereinafter referred to as the “instant commercial building”).

The Plaintiff used part of the instant commercial buildings as his residence, and some of them were leased to Kro, and the remainder was used by P Co., Ltd. (hereinafter “P”).

2) The Jmarket Merchants' Association (hereinafter "the Association of Merchants of this case") shall be the Self-Merchants' Association.

(B) The Defendants held temporary board of directors on December 24, 2013 and passed a resolution to cut the store of some merchants, such as the Plaintiff, etc. on the following grounds: (a) Defendant B was a non-corporate body consisting of the merchants other than some of the merchants such as the Plaintiff, etc.; and (b) Defendant B was the president acting for the Chairperson of the instant merchants’ conference on December 2, 2013; and (b) the rest of the Defendants were directors of the said merchants’ association.

2) Accordingly, around December 24, 2013, Defendant B laid off the power distribution plate of the instant commercial building owned by the Plaintiff on the ground that the Plaintiff unpaid management expenses, such as electricity charges, etc. to the instant merchants’ association (hereinafter “instant breakup”).

(C) On August 27, 2014, Defendant B was sentenced to a judgment of conviction (2014 high-scale272) that suspended sentence for interference with business with the operation of the above L, etc. on the ground that L, M, and N, which had been operating a commercial building in the J market building, did not meet the management costs at the J market branch branch of the Chuncheon District Court. Defendant B was sentenced to a judgment of conviction (2014 high-level272) that suspended sentence due to the crime of interference with business with the operation of the above L, etc. on the ground that the above L, M, and N had obstructed the business of the shopping market operated by the said L, etc. on the ground that Defendant B

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