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(영문) 서울고등법원 2020.08.26 2015나23705
손해배상
Text

1. Of the judgment of the first instance, the Plaintiff (Appointed Party) against Defendant D, E, and T, ordering payment below.

Reasons

1. The grounds for this part of the facts found by the court are as follows, except for the following dismissal, addition, or deletion, and the reasoning of the part corresponding to the judgment of the court of first instance (section 4 to 7, 7, and 8, 3). Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 5 of the judgment of the first instance, “the Plaintiff and the designated parties (excluding the appointed parties AC)” and “each of the instant disciplinary actions,” are added to “ August 24, 2012,” “as of March 6, 2013,” “as of March 20, 2013,” “as of March 20, 2013,” and “as of April 26, 2014,” respectively.

From the 6th judgment of the first instance, the first to the 20th judgment are as follows.

2) On November 21, 2014, Defendant clan AT received a summary order of KRW 300,00 won for the crime of assault by the Seoul Eastern District Court Decision 2014 High Court Decision 201Da12538, on the ground that “AT of the Defendant clan had been issued a summary order on November 21, 2014, on the ground that “The designated person Q was going to the general meeting of the Defendant clan at the time of the extraordinary general meeting but was refused to go to the general meeting but was able to go against this, and was assaulted by killing Q.” The said summary order was finalized on December 17, 2014.

3) Plaintiff, Selections Q, AI, and AA (hereinafter “Plaintiff, etc.”)

(1) At the time of the special meeting of the Defendant clan on November 20, 2012, Defendant E and T jointly assaulted the Plaintiff, etc., and interfered with the Plaintiff, etc.’s general assembly participation and speech exercise, etc., and filed a complaint with Defendant E and T for the reason that they interfered with the Plaintiff, etc.’s exercise of assembly participation and speech rights. The Seoul Eastern District Prosecutors’ Office was the Seoul East Eastern District Court Decision 2014Da1456, Defendant E and T were indicted for violation of the Punishment of Violences, etc. Act (joint coercion, etc.).

On May 7, 2015, the above court rendered not guilty of Defendant E and T, and the prosecutor appealedd as Seoul Eastern District Court 2015No583, and the appellate court on December 18, 2015.

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