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(영문) 제주지방법원 2020.03.26 2018가단63954
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The facts of recognition are that Plaintiff C, who operates an entertainment business, receives 15 million won prepaid payment from Defendant C on June 9, 2016 (the preparation of a notarial deed with respect to this money on June 9, 2016), and thereafter, Plaintiff C had a large amount of debt (payment for card use, etc.) for Defendant C. In addition, on April 26, 2017, Plaintiff C prepared a notarial deed with a maturity of 36 million won on May 26, 2017 and interest rate of 25%, and at that time Plaintiff B had a joint and several surety.

In February 2018, the plaintiff A kept 2.3 million won of the defendant C's money, which he had been in custody as the value of scarcityd rice culture in the middle of February 2, 2018, and the plaintiff B had the case of Saman with the plaintiff B.

The defendant C expressed his desire to the plaintiffs and demanded the return of the money to the plaintiffs, but the plaintiffs avoided contact.

Rather, on March 9, 2018, Plaintiff C applied for individual rehabilitation (the Jeju District Court 2018da1050 individual rehabilitation cases, collection orders, etc. were served on March 21, 2018) and included Defendant C’s remaining claims in individual rehabilitation claims. The Jeju District Court decided to authorize Plaintiff A’s repayment plan on September 21, 2018.

On the other hand, the defendant C sent his family photograph and resident registration certificate to many people on the screen of his Kakao Stockholm propy.

On April 6, 2018, Defendant D divided Plaintiff B’s house to urge repayment of its obligations, but Defendant D destroyed the entrance knife and the entrance knife with no response.

[Ground for Recognition: Facts without dispute, entry of Gap evidence Nos. 1 through 1013-214, each of the evidence No. 39, purport of whole pleadings]

2. Assertion and determination

A. The alleged plaintiffs committed a criminal act, such as intimidation, insult, and unauthorized collection, provision, and leakage of personal information, thereby infringing the plaintiffs' personality rights and the right to pursue a peaceful private life, and damaging property owned by the plaintiffs, thereby causing damage to the plaintiffs by joint tort.

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