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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Occurrence of liability for damages;
A. In full view of the written statements and the purport of the entire arguments by Gap evidence Nos. 1 through 5, the defendant is the resident of Suwon-si Office C and Etel in Suwon-si (hereinafter "the instant officetel"), and the plaintiff was the representative of the management body of the instant officetel, and the defendant can recognize the plaintiff's defamation by openly pointing out false facts on two occasions as set forth in the following subparagraphs (i) and (ii) and then, it is insufficient to reverse the above recognition only on the basis of the written statements by Eul evidence Nos. 1 through 12.
1. On January 30, 2017, the Defendant of defamation: (a) drafted a notice of the title “to bed against the owner and occupant” on January 30, 2017; and (b) referred to the Plaintiff, “The manager and managing members who have been normally and unlawfully managed in accordance with the law and principles from 2009 to 2017, shall be dismissed and a new managing body shall be organized pursuant to the Act on the Ownership and Management of Aggregate Buildings (the Act). Ultimately, the Defendant has engaged in embezzlement and breach of trust in which ten members of the managing body are removed for more than four years, and the accounting has changed from time to time, and has intentionally concealed or destroyed evidence; and (c) printed out it to the owner and the occupant of this case by mail, stating that “The remainder is voluntarily placed in the act of dismissal or corruption,” and then sent it to the owner and the occupant of this case.
However, the Defendant held that “the Plaintiff would receive 21 service personnel from the instant officetel controlled entity, and paid KRW 39,900,000,000, which actually received only 16 service personnel, and paid excessive service fees to the controlled entity, thereby causing damage to the instant officetel occupants.”