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(영문) 의정부지방법원 2019.04.25 2018나208612
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. Defendant D is a person employed by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and serving as the head of Guri-si E Apartment Management Office.

B. Defendant D filed a criminal complaint with the following purport:

Plaintiff

B is the representative of the Plaintiff Co., Ltd. (hereinafter “Plaintiff”). From May 7, 2014 to August 15, 2014, the construction project for landscaping of the Guri-si E Apartment with the subsidies of Guri-si. In the process of the construction project, there was a conflict between the victim D, the head of the above apartment management office, and D, due to the lack of the construction plan and the settlement of the additional construction cost.

At this time, the payment of landscaping construction cost has been delayed, and it is urgent to pay the landscape gardening construction cost from the old viewing on September 4, 2014, but it was not paid to the above apartment council account, Defendant D was unable to pay the construction cost due to the above conflict, and it was attempted to spread false information about Defendant D.

Plaintiff

B, around 11:00 on September 5, 2014, Defendant D asked F, the president of the council of occupants' representatives of the above apartment complex, to the effect that “The head of the management office (Defendant D) requested KRW 10 million after re-revision, despite the absence of the fact that Defendant D requested the Plaintiff to pay personal money.”

As a result, Plaintiff B damaged Defendant D’s reputation by openly pointing out false facts.

Plaintiff

B, around 12:30 on the same day, the said apartment council members' representative meeting was called to the effect that “the head of the management office demanded KRW 10 million” was called to “G, a general director of the apartment council.”

As a result, Plaintiff B damaged Defendant D’s reputation by openly pointing out false facts.

C. Plaintiff B was indicted on the charge of defamation as above and was convicted of a fine of KRW 5 million at the Jung-gu District Court on June 24, 2016.

(2015 order 2774) Judgment above.

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