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(영문) 창원지방법원진주지원 2016.08.09 2016가단598
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who has served as the president of the D Saemaul Savings Depository (hereinafter “SOC”), and Defendant C is a person who has served as the regular manager of the community credit cooperatives.

B. On February 29, 2012, the Plaintiff heard the statement that Defendant C was in an inappropriate relationship with his husband from Defendant B’s spouse, and on February 29, 2012, the community credit cooperatives’ temporary society “B residing in F in Sacheon-si was in in in a bad relationship with C. As a result, B and B were in a bad relationship with C due to home disastability, and four children (3, 1) were in mind and were in a bad condition. This date is denied E assaulted by Defendant B in G apartment, and C used the statement that “A et al. but failed to receive the statement” (hereinafter “instant statement”).

C. Accordingly, Defendant B filed a complaint with an investigative agency against the Plaintiff due to defamation based on a false statement on the ground of the instant statement (hereinafter “instant complaint”). On February 29, 2012, the Plaintiff, including ten directors, etc. in the second floor meeting room of the D Saemaul Savings Depository located in Scheon-si H on February 29, 2012, saying that Defendant B had a false relationship with C, which is a regular director of the said community credit cooperative, and thereby, damaged the victim’s reputation by openly pointing out false facts.

‘The content' was charged. D.

On September 11, 2013, the Plaintiff was acquitted on the grounds that the Plaintiff’s instant remarks were not specified as the victim, and that there was no possibility of spreading the said remarks.

Therefore, although the prosecutor appealed the appeal, the appellate court (Seoul District Court 2013No1830) also received a decision on April 16, 2014. The appeal was dismissed on September 24, 2014, and the plaintiff's acquittal became final and conclusive.

【Ground of recognition】 The fact that there exists no dispute, Gap evidence 1-1 through 16, Gap evidence 3, and 4, the purport of the whole pleadings

2. The plaintiff's assertion and the plaintiff's assertion.

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