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(영문) 대전지방법원 2021.03.25 2018가단224467
손해배상(기)
Text

The defendant is 5% per annum from December 1, 2017 to March 25, 2021 to KRW 10,068,852 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who sells products, such as ginseng, red ginseng, and medicinal herbs, in the name of “F,” at the E store located in the Chungcheongnam-gun D Center located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant store”). The Defendant is the representative director of G (hereinafter “G”) that manages and operates the said D Center.

B. The defendant was in de facto marital relationship with the plaintiff

H Based on the fact that the lawsuit is pending due to civil disputes with H, it was decided on September 2017 to take compulsory business suspension measures against the store of this case through the meeting of the executive officers of Gman in the middle of September 2017.

(c)

Accordingly, the Defendant, at around 16:00 on September 20, 2017, suspended or obstructed the business of the instant store for 71 days from September 20, 2017 to November 30, 2017, by setting up a sign sign “Prohibition of Access” in the store, which was prepared in advance, in order to prevent the Plaintiff from running the business, and by blocking the Plaintiff from entering the store without permission, and by setting up 10 Plast lele 10, which was prepared in advance, in order to prevent the Plaintiff from entering the store (hereinafter collectively referred to as “act of business suspension, etc. of this case”).

Meanwhile, at around 16:00 on September 20, 2017, the Defendant interfered with the Plaintiff’s business operation of the instant store by force by impairing the instant store without permission and piling up more than 10 plastic receptions prepared in advance in the store so that customers can no longer enter the store.

Inasmuch as the facts constituting the crime of “” were all convicted, the Daejeon District Court rendered a judgment of the suspended sentence of a fine of KRW 500,000 at the Daejeon District Court on January 25, 2019 (Seoul District Court Decision 2018Ma862), and the prosecution appealed on the grounds of unfair sentencing, etc., but the appeal was dismissed on January 16, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 6 through 10 (including branch numbers, if any; hereinafter the same shall apply), Eul 1.

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