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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from December 23, 2017 to January 15, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 7, 2016, the Defendant: (a) was aware of the Defendant’s “C” drinking house operated by the Defendant, and the Plaintiff, the customer, who was aware of the Defendant’s words “C” from the Plaintiff, the customer, who was aware of the words “pather to the customer without permission; (b) was in a dispute with the Plaintiff; and (c) was in the Plaintiff, the Plaintiff’s husband D, who was outside the drinking house, was able to enter the drinking house; and (d) was in the Plaintiff’s husband D, who was outside the drinking house, and was heard by the drinking house customers including D, the Defendant said that “day E and slick,” and even if D may be responsible for speaking, the Defendant said that “it is liable.”
However, there was no fact that the plaintiff was a person with E or with sexual intercourse.
In the end, the defendant has damaged the plaintiff's reputation by openly pointing out false facts.
The defendant was sentenced to a fine of KRW 500,000 for the above criminal facts
(Seoul Northern District Court 2018 High Court 323). (b)
At around October 2, 2017, the Plaintiff publicly insulting the Defendant by citing that the Plaintiff sleeped the Plaintiff’s words that he would sleep with another male, and that she would have been divorced with her husband, and sleeped to the Defendant on the job where the customers are located, “I want to am flick, I do so. I want to do so. I have the same year. At this year, there was four years that do not sleep at the end of the day, and the year of this hys of this hys, Shys, Sys, I will sell to the Defendant with her part of the same year of this hys.”
The plaintiff was sentenced to a summary order of KRW 500,000 for the above facts constituting the crime
(Seoul Northern District Court 2018 High Court 2857). (C)
On May 16, 2018, the Plaintiff consulted with D.
[Ground of recognition] Facts without dispute, Gap evidence 4, 9, 11, Eul evidence 1 (including additional numbers), the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. The Plaintiff’s assertion ① around November 7, 2016, the Defendant: (a) asked the Plaintiff’s husband D, etc., “low-year E and sleep”; and (b) asked whether D may be responsible for speaking.”