201Cho 28379 Compensation (as referred to)

1. (1) (1) La clubs;

Posisibity

Representative Chapter 88

2. Long-term 88 (seven-seven years old, South Korea)

Posisibity

[Defendant-Appellant]

1. EthY (53 years old, south);

Posisibity

2 . 배♧♧ ( 57년생 , 남 )

Posisibity

3 . 배QQ ( 64년생 , 남 )

Posisibity

4. Ss. (69 years old, south)

Posisibity

5. GreenCC (79 years old, south);

Posisibity

6. Kim 22 (Korean People in 68 years, South Korea)

7 . 최窓 ( 70년생 , 여 )

Defendant 6, 7’s population in response to the acceptance of the address

8 . 이王王 ( 73년생 , 여 )

Posisibity

9. Suffices (59 years old, female);

Posisibity

10.PY (73 years old, female)

Posisibity

[Judgment of the court below]

[Defendant-Appellant]

December 21, 2011

December 28, 2011

1. The Defendants jointly and severally pay to the Plaintiff (i) Ro clubs 1,00,00 won, 700 won to the Plaintiff 1,00, and 700 won to the Plaintiff 10, and 5% per annum from June 10, 2011 to December 28, 201, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are dismissed.

3. Of the litigation costs, 90% is borne by the Plaintiffs, and the remainder 10% is borne by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally pay to the Plaintiff (i) (i) 45 million won, and 20 million won to the Plaintiff 80, and 20% interest per annum from the day after the last delivery of the complaint of this case to the day of complete payment with respect to each of the said money.

1. Facts of recognition

A. The Plaintiff’s club was established on May 29, 1995 with the name of the Plaintiff’s club under the International Loasia 3600, and changed the name into the Loasia (1) (2) on May 31, 2011, and is a non-corporate association with 50 members currently. The Plaintiff’s head is the 13th chairperson of the Plaintiff’s club.

B. The plaintiff head of Suwon District Court sentenced 68, 946, and 250 won of company funds to be sentenced to imprisonment for one year in the case of Suwon District Court 2005Da2524 (the plaintiff head of the plaintiff appealed but the appellate court also sentenced 1 year imprisonment). In addition, in Suwon District Court Decision 2004Da55472 decided 558, Suwon District Court 2004, the plaintiff head of Suwon District Court sentenced 68, 946, and 250 won of company funds to compensate for the above embezzlement 68, 250 won, and damages for delay, which became final and conclusive on March 24, 2006.

다 . 피고 김의외와 피고 최靈靈은 부부인데 , 피고 김의의는 원고 장88를 상대로 수 원지방법원 용인시법원 2005가소17544호 중기 대여금 사건을 제기하여 , 2005 . 4 . 30 . 원고 장88는 피고 김의의에게 9 , 641 , 000원과 이에 대한 지연손해금을 지급하라는 이 행권고결정을 받았다 .

D. On June 18, 2010: around 00, at the 111st century, the two-party 12 of the Plaintiff club's 12-party 13-party 13-party 17-party 17-party 17-party 17-party 8-party 8-party 8-party 1-party 1-party 1-party 1-party 1-party 1-party 2-party 1-party 1-party 1-party 2-party 2-party 1-party 1-party 2-party 1-party 2

E. At the middle of the above event, Defendant 1: (a) entered the hall at the above event; (b) “In order to act as the president of the Lane, it shall be paid with the money in full; (c) 88 shall not be elected as the president; and (d) 88 shall not be paid to these persons; (c) at the entrance of the event site, Defendant 1CC did not pay the money to many business partners; and (d) 88 shall not be paid with the equipment business at the entrance of the event site; and (e) by concealing X-V funds and concealing personal property, Defendant 88 shall be charged with death; and (e) he shall be urged to pay the money in full; and (e) the remainder of the Defendants shall also be charged with the same content in the event site; and (e) he shall interfere with the exercise of his duty and demand payment.

F. Plaintiff 8 filed a complaint against the Defendants against the crime of interference with business. On December 14, 2010, all the remaining Defendants except Defendant Bas were subject to a disposition of suspension of indictment. Defendant Bas were sentenced to a fine of KRW 2 million on May 4, 2011 in Suwon District Court Decision 201No. 407, Suwon District Court Decision 200,000 won, which became final and conclusive on May 12, 2011.

사 . 피고 배YY , 배요 , 배QQ , 배 % 은 형제이고 , 피고 배CC는 위 피고들의 조 카이다 .

[Grounds for Recognition] Gap 1 to 12, 14, 16 through 23, Eul 1, 2, 6, 7 respectively.

2. Determination

A. Establishment of liability for damages

위 인정 사실에 의하면 , 원고 클럽에 대해서는 물론이고 , 원고 장88에 대하여도 피고들이 비록 채권자라고 하더라도 ( 집행권원이 확정된 피고 배ws , 김외의 이외에 피 고 이王王 , 서우 우 , 이PY도 원고 장88로부터 중기 대여료를 받지 못하였다고 주장하 고 있다 ) , 정당한 채권행사의 범위를 넘어 원고 장88가 회장으로 취임하는 단체의 행 사장에 들어가 고함을 지르고 취임행사의 진행을 방해하면서 채무변제를 독촉하거나 , 행사장 앞에서 그와 같은 내용이 적힌 팻말을 들고 있었다면 불법행위를 구성한다고 할 것이므로 , 피고들은 공동불법행위자로서 연대하여 원고들에게 그로 말미암은 손해 를 배상할 의무가 있다 .

(b) Scope of damages;

1) Property losses;

The Plaintiff club claims that the Defendants suffered damages equivalent to KRW 10,016,970 incurred in the event due to the Defendants’ tort, and that the Plaintiff club claims expenses incurred in the installation of indoor and outdoor banner, various official plates, meritorious plaques, etc., such as ice-type and office equipment, ice-style music, photo and video-recording, case, invitation box, letter box, book book, etc., printing, lecture use, painting, painting, music number, mail delivery, etc.

However, even according to the Plaintiff club’s assertion, since the event itself was made at the event site around the end of the Defendants’ exercise, it does not mean that the event itself was no longer established, and it is difficult to recognize that there was a network-based product due to the Defendants’ direct exercise of water power. Thus, the damages caused by the Plaintiff club do not incur any damage, or it is difficult to recognize the causal relationship with the Defendants’ tort. (The Plaintiffs could not achieve the purpose of the Defendants’ exercise of their tort, and are wrong.)

Since the honor of the plaintiffs was lost, the expenses of the events are considered property damage. However, even if the subjective value of the events was damaged by the defendant's act, it cannot be deemed that the objective value, such as banner, ice view, and prepared meals, was damaged. Thus, the damage the plaintiff's club sought is not related to consolation money, nor property damage.) Accordingly, this part of the plaintiff's club's assertion is rejected.

2) Consolation money

In the event that the plaintiff head of the group did not complete his liability for damages against the defendant's members, the volunteer group was appointed as the new president of the plaintiff's club. The defendant, the creditor, also found the damages to the plaintiff's members who did not make any error different from the plaintiff head of the group due to the reason for the reduction of consolation money, and the fact that the defendant, the plaintiff head of the group, was responsible for damages against the plaintiff's members who did not make any error differently from the plaintiff head of the group, and the amount of consolation money for the plaintiff head of the group shall be one million won and 700,000,000 won, in consideration of each of the reasons for the increase of consolation money for the plaintiff's club.

3. Conclusion

Therefore, the defendants are jointly and severally obligated to pay the plaintiff club 1 million won, 700,000 won to the plaintiff head 30, and 700,000 won and each of the above money to the plaintiff's clubs as consolation money, with 5% per annum under the Civil Act until December 28, 2011, which is the day following the date of the final delivery of the copy of the complaint in this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the full payment. Thus, the plaintiff's claim in this case against the defendants of this case is accepted for reasons within the above scope of recognition, and the remaining claims without justifiable grounds are dismissed.

Judges Clerks