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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. C is a lessee of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government “E” clothes 5 “E” (hereinafter “instant store”), and the Defendant has operated the instant store upon entrustment by C.
B. On December 5, 2014, the Defendant delayed the rent, and the Plaintiff (C’s land seal) sought the store of this case on December 20, 2014 and urged the Defendant to pay the rent in arrears.
They returned to Korea.
C. At around 15:00 on the following day ( December 6, 2014), C and the Plaintiff sought the payment of the rent by finding the instant store back to her seated, and the Defendant demanded C and the Plaintiff to “I interfere with the business.” However, the Defendant demanded C and the Plaintiff to “C interfered with the business,” but the Plaintiff did not comply with the demand by her hand, her two hand, her bat and her bat.
(hereinafter “instant harmful act”). D.
In relation to the instant harmful act, the Defendant was indicted with summary form of injury, and after going through the formal trial procedure, the court recognized the Defendant’s criminal fact that “the Defendant committed the instant harmful act, which caused the Plaintiff to undergo approximately two weeks’ treatment, and sentenced the Defendant to a fine of KRW 80,000 (Seoul Central District Court Decision 2015Ma2700, Sept. 24, 2015), and the said judgment became final and conclusive around that time.
E. Meanwhile, around 20:00 on December 5, 2014, C and the Plaintiff called “A” to the employee on the ground that the Defendant was not aware of the rent, and forced the employee to go out of the place, and present it to the customer “I will not engage in business,” and the Plaintiff exercised force, such as using the horses of C. On December 15:00, 2014, C were seated in the store of this case, so that I would go to the customers who sing down the clothing inside the store of this case, and the Plaintiff was demanded to go out of the place, and interfere with the business from the Defendant.”
If you receive money, they shall receive the money.