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(영문) 서울북부지방법원 2015.06.18 2014노1735
명예훼손등
Text

The judgment below

On March 22, 2013, the part related to the end of personnel affairs among the materials of the General Assembly for Removal proposed by members of the National Assembly shall be reversed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. On December 12, 2012, the overall purport of the notice of prohibition of holding a general meeting of the E-Housing Redevelopment Project Association (hereinafter “instant association”) issued and sent by the Defendant around December 12, 2012 to the members of the E-Housing Redevelopment Project Association (hereinafter “instant association”) upon publication on or around December 12, 2012, was to inflict property damage equivalent to KRW 20 billion or KRW 27 billion on the instant association by performing a breach of trust in relation to the cost of installing a house with the victim G, who is the former president of the instant association, and the cost of installing a house, certified judicial scrivener, and additional construction cost. While the Defendant was selected as the association’s partnership’s executives, the lower court determined that the Defendant was not guilty of the aforementioned facts by publicly alleging the victim’s reputation by publicly alleging the aforementioned facts and causing damage to the Defendant’s work, the lower court determined that the Defendant’s failure to pay additional construction cost was an unlawful construction cost, and the Defendant’s failure to recover the victim’s reputation by publicly alleging the aforementioned facts.

B. On December 22, 2012, the Defendant sent text messages to the members of the instant association by using the Defendant’s mobile phone around December 22, 2012, there is a provision that “this general assembly shall meet 2.4 billion won, and 20 billion Won,” and the Defendant’s publication around December 12, 2012, comprehensively takes account of the contents of the notice of prohibition of holding a general assembly, which was sent to the members of the instant association.” Ultimately, the victim G commits a breach of trust.

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