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(영문) 서울고등법원 2015.05.29 2014재나901
손해배상
Text

1. The plaintiff's request for retrial shall be dismissed;

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status 1) around 2009, the Plaintiff is Seongbuk-gu Seoul Metropolitan Government H Apartment apartment (hereinafter “instant apartment”).

2) The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives of this case")

(2) The Plaintiff filed a complaint against Defendant C, D, F, G, and E in relation to the election, operation, etc. of the chairman of the instant apartment management office, Defendant C, and Defendant C were police officers of the Republic of Korea who are in charge of investigation of the said accusation case at the time of Seoul Cancer Police Station at the time of the filing of the complaint. The Plaintiff filed a complaint against Defendant C, D, F, G, and E on charges of occupational breach of trust in relation to the election and operation, etc. of the chairman of the instant apartment management office, Defendant C, F, and E.

B. The summary of the judgment subject to a retrial and confirmation 1) The Plaintiff filed a claim for damages by asserting that the Defendants suffered mental and property damage to the Plaintiff due to the following unlawful acts. (A) With respect to the dismissal of the Plaintiff, Defendant C, D, E, F, and G submitted the Plaintiff’s proposal for dismissal as an agenda of the Plaintiff in the absence of grounds to dismiss the Plaintiff from November 24, 2009, thereby impairing or hindering the Plaintiff’s reputation or interfere with the Plaintiff’s work. Moreover, on December 4, 2009, the Plaintiff committed several unlawful acts, such as threatening the Plaintiff until December 4, 2009 or falsely reporting the Plaintiff, and making false statements at an investigative agency

B) With respect to the election of the president of Defendant D, Defendant C, D, E, F, and G did not follow the agreed resolution method at the meeting on December 11, 2009, and the election of the president should be denied. However, Defendant D was elected as the president, and Defendant D did not have committed various illegal acts such as paying the president’s official fee or conducting the management fee. C) In relation to the Defendant Republic of Korea and B, the police officer stated false facts in the investigation report, written opinion, etc. while taking charge of the above accusation case or the Plaintiff.

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