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1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual interest from May 1, 2015 to October 24, 2017, and the following.
Reasons
1. Basic facts
A. The Plaintiff operates a mutual golf course (hereinafter “D”) with the name “D” in Gyeong-gun, Seongbuk-gun, etc., and the Defendant is residing in the vicinity of the instant golf course.
B. From February 14, 2012 to April 18, 2012, the Defendant was punished for interference with the Plaintiff’s business due to the fact that seven persons, who expressed their intention to purchase membership, were high in noise, etc.
[This Court 2012 High Court 131, 166 (Consolidated) and Daegu District Court 2012No4097]
In addition, from January 13, 2015 to April 18, 2015, the Defendant generated noise by using a loudspeaker to the golf course operation hours of the instant golf course using a sound recording that “Seong-gun D forcedly accommodates the land and mountain to which sponed sponed the ground and mountain, and destroys the mountain paths to the farm, and destroys the mountain paths to the farm.”
The defendant is the defendant in this court.
On October 22, 2015, a person was sentenced to imprisonment with prison labor and two months for the crime of interference with business, etc. on October 22, 2015 (this Court Decision 2015No162), and eight months for the crime of interference with business on February 15, 2016 (this Court Decision 2015No220), and the Defendant appealed each of the above decisions, and the appellate court rendered an appeal on April 28, 2016, the Defendant was sentenced to imprisonment with prison labor and six months for the Defendant (Tgu District Court Decision 2015No4546), and the Defendant’s dismissal of appeal became final and conclusive on June 24, 2016.
[Ground of recognition] The fact that there is no dispute, Gap evidence 3-1, 4, 9, Gap evidence 13-1, 5, 6, 7, and 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is problematic in the business of the golf course of this case by generating noise exceeding the tolerance limit in the vicinity of the golf course operated by the plaintiff.