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(영문) 서울남부지방법원 2018.11.23 2018나51766
위자료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 9, 2016, the Plaintiff entered into a partnership agreement with the Defendant, who operates the automobile industry company, to operate the company jointly with the company operating the company for the secondhand sales of the remaining products, and prepared a partnership agreement (Evidence A2).

Article 2 of the same business contract states, “In a joint business, the defendant shall have the ownership of the remaining property, and all profits and expenses shall be distributed orally through consultation for each case, and the evidence shall remain in the SNS.”

B. On October 11, 2016, the Defendant sent a letter to “D” as “E” on the bulletin board, a space available for access by the said carpet members, by accessing the Internet site NAC at an industrial office located in Kimpo-si, Kimpo-si, Kimpo-si, by advertising the Plaintiff’s name and telephone number, and disclosing the Plaintiff’s name and telephone number to the public, and by referring the Plaintiff to “Oacoo”, “Ixx”, “Stok”, and “the time boxes.”

C. On August 18, 2017, the Defendant was insulting to the Incheon District Court Decision 2017 High Court Decision 2017 High Court Decision 6598, supra.

As a result of the criminal facts of this paragraph, a fine of one million won was issued, and a request for formal trial was made.

On October 20, 2017, the Defendant was sentenced to a fine of KRW 500,00 in the insult case No. 2017 High Court Branch of Incheon District Court Decision No. 20181, which became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Gap evidence 6-1, 2, Gap evidence 7, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted ① In the auction of the damaged car of the insurance company, which was conducted by the Instigator Co., Ltd. (hereinafter “Instigator”) on August 17, 2016, the Defendant is the “Womb car F.” (hereinafter “Instigator”) of the insurance company.

The introduction was made.

The defendant is the plaintiff's successful bid price of 3.5 million won, and the plaintiff is the plaintiff.

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