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(영문) 서울남부지방법원 2019.11.22 2019나51527
손해배상(기)
Text

All appeals by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. By the end of May 2014, Plaintiff A was the chairperson of the Residents' Self-Governing Council of total of 17 households E Apartments located in Guro-gu Seoul Metropolitan Government (hereinafter "the apartment of this case"), Plaintiff B was the general manager of the above Residents' Self-Governing Council, and the Defendant was the general manager of the apartment of this case.

B. From March 2017, disputes arose between the plaintiffs, the defendant, and some of the residents of the apartment of this case with the execution of the management expenses of the apartment of this case.

The defendant representing some of the plaintiffs requested confirmation of the management expenses execution account and construction-related account books, etc., and the plaintiffs filed a complaint against the defendant as defamation.

C. On June 13, 2017, the Defendant prepared and presented to the Plaintiffs a letter that “The Seoul Southern District Prosecutor’s Office (“Seoul Southern District Prosecutor’s Office”) caused defamations in the case of complaint No. 27238, 2017, and the Plaintiffs did not suspicion or impair their honor on any day that occurred during the period in which they were the chairman of the Autonomous Council and the general secretary, and if they run, the Plaintiffs would pay KRW 10,000,000 to each of the Plaintiffs within 15 days from the date of the violation, and would pay KRW 50,000,000 to each of the agreed amounts,” and accordingly, the Plaintiffs revoked their complaint against the Defendant.

Meanwhile, after the filing of the instant lawsuit, the Plaintiffs filed a lawsuit against the Defendant for the payment of the agreed amount equivalent to KRW 10,000,000 on the grounds of the violation of each of the instant orders by Seoul Southern District Court 2018Gaso36753. On December 19, 2018, the said court rendered a favorable judgment against the Plaintiffs on December 19, 2018, and the said case is in progress with the Defendant appealed as Seoul Southern Southern District Court 2019Na5114.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant alleged the Plaintiffs’ assertion: (a) management expenses incurred before the neighborhood meeting of the instant apartment that was held around April 28, 2018 at around 19:00.

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