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(영문) 서울중앙지방법원 2019.04.26 2018가합546653
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. C Housing redevelopment and rearrangement project partnership (hereinafter “instant partnership”) is a redevelopment partnership which was authorized to implement a housing redevelopment project on August 12, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on August 12, 2012, and the Plaintiffs and the Defendants are partners of the instant partnership.

B. Around 14:00 on January 26, 2016, the instant association held an extraordinary general meeting (hereinafter “instant general meeting”) at the first floor of the hotelF G located in Yongsan-gu Seoul Metropolitan Government as an agenda item, including the appointment of partnership officers (the president, auditor, and director) (hereinafter “instant general meeting”).

As a result of the instant assembly’s voting for the election of executives by means of a secret vote for the bearer name, HA association heads, 2 persons, including I, as auditors, and 9 persons, including J, were elected as directors.

(C) The above resolution that elected the officers of the instant union was adopted at the general meeting of the instant case (hereinafter “instant resolution”).

On April 20, 2017, Defendant A was sentenced to a two-year suspended sentence for six months of imprisonment with prison labor due to a crime that interferes with the execution of deceptive means by the Seoul Western District Court (2016No1798). Defendant A appealed, but the appeal was dismissed on June 29, 2017.

“Defendant A” means the Defendant A,

hereinafter the same shall apply.

On January 26, 2016, around 13:25, at the F hotel outdoor parking lot located in Yongsan-gu Seoul Metropolitan Government, K falsely speaks that "I will see that "I will, but will have explosives installed in the F hotel," and made K to report it to the police and to the police who is aware of such false fact, thereby making K to report it to the police, and let police officers belonging to the Seoul Yongsan Police Station, police officers belonging to the Seoul Yongsan Police Station, police officers belonging to the Seoul Yongsan Police Station, fire officers belonging to the Seoul Yongsan Fire Station, and police officers belonging to the 56th group joint investigation team, and those belonging to the 56th group joint investigation team send to the F hotel to perform duties such as explosive search.

However, there was no fact that the defendant transferred the above remarks from the deceased.

Accordingly, the defendant is about the security of police officers and the prevention of crimes through fraudulent means.

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