logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.03.29 2017나5935
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. During the period of Ansan-si on April 14, 2016, the Defendant was appointed as the temporary president of the Diplomatic Association located in the Gu C (hereinafter “instant church”), and the Plaintiff was the competent director of the instant church.

B. On April 13, 2016, the E-EU trial division, which is the superior organization of the instant church, decided that “the Plaintiff violated the rules of intention and interfered with the removal, and did not complete the duties of the authority stipulated in the church constitution, and did not establish the virtue of the church, so the Plaintiff’s duties of the instant church and the qualification of the members of the association and the members of the joint council shall be suspended until the judgment on the merits of the E-EU trial division becomes final and conclusive” (hereinafter referred to as “decision on the suspension of duties of this case”). The instant decision on the suspension of duties was sent to the instant church.

C. On May 1, 2016, the Defendant posted the instant decision of suspension of duties on the wall surface near the entrance of the instant church along with a notice stating that “the suspension decision of duties against the Plaintiff has been received and publicly announced by the above E-EU trial State.”

The plaintiff filed a complaint with the investigative agency as defamation against the defendant's act of posting the decision of the suspension of duty of this case, but the disposition of non-prosecution was made, and the plaintiff's application for adjudication was dismissed

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 1-2-1, Eul evidence 12-14 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the suspension decision of duty in this case violates the provisions of the church itself is illegal, but the defendant posted the decision of suspension of duty in this case and thereby damages the plaintiff's honor. The defendant is obligated to pay 3,000,000 won and damages for delay caused by the defendant's tort to the plaintiff.

B. In the above facts of recognition, the defendant is the representative of the church of this case.

arrow