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(영문) 대전지방법원천안지원 2016.06.01 2016가단2013
손해배상(기)(명예훼손 등)
Text

1. The Defendants jointly share KRW 500,000 with respect to the Plaintiff and 5% per annum from March 3, 2016 to June 1, 2016.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff was the chairman of the council of occupants’ representatives from January 1, 2012 to December 31, 2013 of the Seo-gu Seoul Metropolitan Government D Apartment (hereinafter “instant apartment”).

The defendants are residents of the apartment house of this case.

From October 2013, disputes have been pending between the plaintiff and the defendants regarding elections for the formation of the next council of occupants' representatives.

B. On November 29, 2013, the Defendants’ defamation and criminal punishment 1) around November 29, 2013, notwithstanding the fact that the Plaintiff embezzled the construction cost of apartment playground at the conference room of the apartment management office of this case on November 29, 2013, the Defendants, despite the fact that there was no 30 apartment residents, Defendant B had sounded that “the Plaintiff deposited 6.6 million won of the construction cost of apartment playground into the passbook in the name of the president and returned back to the passbook.” The Defendants, “the Plaintiff was f.6 million won of the construction cost of apartment playground, which was deposited in the passbook, and is the embezzlement.” (2) The Defendants were subject to the suspended sentence (a fine of KRW 300,00,000, which was postponed) due to the crime of openly impairing the Plaintiff’s reputation by openly pointing out false facts by sound in the Daejeon District Court’s branch support around February 13, 2015.

C. The Defendants conspired to conceal documents and criminal punishment 1) around October 30, 2013, the Defendants arbitrarily concealed the notice of the “resident notification” posted at the said apartment management office on the grounds that the Defendants attempted to gather E, the head of the said apartment management office, within the instant apartment complex 201 elevator. (2) The Defendants conspired in collusion with the Defendants on November 1, 2013, to leave the said apartment complex as the representative candidate within the instant apartment complex 201 elevator and to leave the said apartment complex as the representative candidate, and thereby, arbitrarily concealed the notice of the election of the representative president and the representative candidate attached at the said apartment management office.

3. The Defendants conspired with each other on November 5, 2013.

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