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(영문) 서울동부지방법원 2017.11.28 2016가단128835
손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Since the Plaintiff was appointed as a manager of Jongno-gu Seoul Metropolitan Government D Management Body (hereinafter “instant Management Body”) pursuant to the Seoul Central District Court Decision 2015Kahap80320 and the provisional disposition case of appointment of an acting manager as of July 10, 2015, the Plaintiff is a person who performed the said duties as the acting manager before the replacement by the decision of August 9, 2016 of the said court.

B. Defendant B is the chairman of the Representative Committee of the instant management body (hereinafter referred to as the “Representative Committee”), and Defendant C is the general director of the D Commercial Building Operation Committee, an organization separate from the instant representative committee (hereinafter referred to as the “instant Commercial Building Operation Committee”).

C. On July 20, 2016, Defendant C sent text messages, such as the text messages in attached Form 1, to the sectional owners of D commercial buildings.

Defendant B, around August 2016, held a meeting of the Representative Committee of this case and the Joint Management Committee composed of the instant Commercial Building Operation Committee, and distributed the details of the payment of attached Form 2 fee to the members present at the meeting as meeting data.

E. On October 6, 2016, Defendant B, etc.: “Around October 2016, the Plaintiff, a manager of the instant management body, disbursed the funds of the management body in connection with the litigation indicated in the details of payment of royalties attached hereto without obtaining approval from the management body other than ordinary business, thereby causing property damage of KRW 64,284,00 to the management body of this case; the Plaintiff, around August 8, 2016, prepared a complaint to have the Defendants subject to criminal punishment; the Plaintiff, among the sectional owners of D commercial buildings, was provided with personal information of KRW 607, among them, was provided to others without consent, and the Plaintiff leaked personal information of 406, among them, to the Eth page opened by the management body; and sent the letters of harm and injury to F, G, and H between August 28, 2016 and 30.”

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