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(영문) 의정부지방법원 2018.11.20 2018가단118794
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shared the Plaintiff’s 5,801,500 won and its related amount from August 29, 2017 to August 2018.

Reasons

1. Common facts:

가. 당사자 지위 및 관계 ⑴ 원고는 애견(반려견) 1마리(품종 : 비숑프리제, 성별 : 수컷, 이름 : D)(이하 “이 사건 반려견”)를 분양받았다.

The Defendants, as married couple, jointly operated the “I” hotel F on the second floor of the building in Seoul Special Metropolitan City, Nowon-gu E-gu.

Article 28(1) of the Civil Act provides that the Plaintiff shall entrust the Defendants with the protection and management of the return dogs of this case for three and four days from August 26, 2017 to August 29, 2017, and paid KRW 145,000 to the Defendants.

B. On August 28, 2017, another return dog (variety: Sibean Ski) protected and managed by the Defendants, around 19:05 on August 28, 2017, which caused the occurrence of the accident, was subject to the return dog of this case.

The Defendants immediately sent the instant return dog to G Hospital to receive treatment, and the Defendants informed the Plaintiff of the accident.

Article 22(1) of the Civil Act provides that the Plaintiff and wife have suspended travel schedule and returned to Seoul as a flight with the understanding of other families, and that they arrive at G Hospital around 23:30.

Applicant The return dog of this case was discarded at around 04:30 on August 29, 2017 by an excessive blood transfusion show (presumed).

C. (i) On August 29, 2017, from around 21:27 to 21:50, the Plaintiff resisted the Defendants from “F” as to the closing of the instant return dog.

On December 19, 2017, the Plaintiff was issued a summary order of KRW 3,00,000 for obstruction of business and special intimidation by the Seoul Northern District Court.

Before September 21, 2017, at around 23:09, the Plaintiff connected the Internet community “I” to the “J” and posted the article as the title “K”, and around September 22, 2017, posted the article as the title “L”.

On February 9, 2018, the Plaintiff received a decision of non-prosecution from the Government's District Prosecutors' Office on the suspicion of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) related to the above notice.

The Defendants’ discontinuance of business are trade names from “F” on January 15, 2018 to “M.”

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