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(영문) 대전지방법원 2020.12.18 2020나101926
손해배상(기)
Text

All of the plaintiff's claims extended in the plaintiff's appeal and trial are dismissed.

costs of lawsuit after filing an appeal.

Reasons

1. Basic facts

A. The Plaintiff, around August 2013, as the E-dong representative of the Seongbuk-gu, Seocheon-gu, Seocheon-gu, 2013, was the auditor of the council of occupants' representatives; Defendant B was the head of the management office; Defendant C was the F consent representative.

B. Around August 20, 2013, there was a regular meeting of the council of occupants’ representatives of the above apartment, but Defendant B filed a complaint against the Plaintiff as defamation on March 24, 2014 by having the Plaintiff examined the Defendant B.

C. The plaintiff was subject to criminal trials, and the result is as follows.

1) On January 16, 2015, Daejeon District Court rendered a sentence of a fine of KRW 1 million to the Plaintiff on the charge of defamation by a false statement (2014 high-level 804). The criminal facts found guilty of the Defendant B, the managing director of the said apartment, “as the Plaintiff was heard by G, H, I, Defendant C, and J at the representative conference office of the said apartment around August 20, 2013, the head of the management office of the said apartment was responsible for the construction work of the apartment, and the head of the management office received 10% of the construction cost from the construction business operator.” In fact, Defendant B did not have received an amount equivalent to 10% of the construction cost from the construction business operator as above.

[2] The Plaintiff appealed, and Daejeon District Court rendered a judgment of not guilty on September 11, 2015, on the ground that the facts charged against the Plaintiff constituted a case where there is no proof of crime.

(2015No198) The Supreme Court rendered a judgment dismissing the prosecutor’s final appeal on December 10, 2015 (Supreme Court Decision 2015Do15282). (See Supreme Court Decision 2015Do15282)

2. The assertion and judgment

A. The Plaintiff asserted that the subject matter of the lawsuit No. 2015Kadan10429 was an uncomfortable and abruptive evidence. The subject matter of the lawsuit No. 2018Gahap551 was obstruction of performance of official duties by fraudulent means. The subject matter of the lawsuit No. 2018Gahap254 was a lawsuit for confirmation of non-existence of the subject matter of the lawsuit No. 2018Gahap254. On the other hand, the cause of the instant lawsuit was the police, prosecutor’s office, criminal investigation, and the first, second, and third, the subject matter of

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