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(영문) 대전지방법원 2017.05.30 2015가단209603
손해배상(기)
Text

1. Defendant C: (a) 2,00,000 won for Plaintiff A; (b) 1,500,000 won for Plaintiff B; and (c) 1,50,000 won for each said money, from May 19, 2015 to May 2017.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are the workers of Defendant D Co., Ltd. (hereinafter only referred to as Defendant Co., Ltd.), and Defendant C serves as the chairman of the Defendant Co., Ltd.’s trade union.

B. On February 2015, Plaintiff A filed a criminal complaint against Defendant C on charges of indecent act by compulsion, confinement, and defamation. On July 28, 2015, the prosecutor in charge of the Daejeon District Prosecutors’ Office did not have the right to institute a prosecution against the charge of indecent act by compulsion, and on the charge of charges of indecent act by compulsion, he/she did not have the right to institute a prosecution against the charge of indecent act by compulsion, and on the charge of defamation.

C. On August 27, 2015, Defendant C received a summary order of KRW 2 million (Seoul District Court Decision 2015 High Court Decision 2015 High Court Decision 7397), and the summary order was finalized as it is, on the grounds of criminal facts that “the reputation of the Plaintiffs was damaged by openly pointing out facts as indicated in the attached Form.”

D. Around April 2012, the Plaintiffs forced Plaintiff B to make a document of resignation from office, and forced the Plaintiffs to draw up on October 9, 2013, giving up a letter to the effect that: (a) the Plaintiff’s executive director E of the Defendant Company forced the Plaintiff B to write up a document of resignation from office; and (b) the Plaintiffs authorize the Plaintiff

‘A criminal complaint against coercion' was filed on July 28, 2015, but the prosecutor issued a disposition to the effect that the charge was not suspected due to the lack of evidence.

[Ground of recognition] Facts without dispute, Gap 10, 13, 14, Eul 1, Eul 1, Eul 1, Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. Defendant C, by taking advantage of the status as the chairman of the Trade Union to find the Plaintiffs from the company, received a letter of approval from the Defendant Company E Executive Director as if the Plaintiffs were unqualified even if the Plaintiffs were not unqualified, and used the above letter to commit a tort that damages the Plaintiffs’ honor, and Defendant C, who used the above letter, was liable to pay the Plaintiffs KRW 10 million as consolation money jointly and severally as joint tortfeasor.

B. Defendant C’s assertion

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