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(영문) 서울남부지방법원 2014.11.27 2014가합5853
업무방해금지 등
Text

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

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

Reasons

1. The plaintiff's assertion that the defendant borrowed KRW 40 million from the plaintiff and received a demand to repay the plaintiff's child care center. On June 8, 2012, in order to interfere with the plaintiff's operation of the child care center, the defendant sent the plaintiff's mobile phone theft to the contact number of the child care parents stored in the mobile phone and spread false facts about the operation of the child care center, such as "whether or not the child care center becomes aware of the occurrence of the child care center or not", and it spreads false facts about the operation of the child care center, such as leading the child to the safe and high line in the above child care center. At the council of occupants' representatives of the apartment in which the above child care center is located, the plaintiff reported it to the same related agency with the above contents, and constantly, the plaintiff raised false complaints to the competent Gu office, found the child care center and damaged the plaintiff's reputation by interfering with the plaintiff's business affairs concerning the unspecified operation of the child care center and impairing the plaintiff's reputation.

Therefore, in order to eliminate and prevent interference with the operation of child care centers, the plaintiff seeks a judgment, such as the purport of the claim, against the defendant.

2. Determination

A. According to the purport of Gap evidence Nos. 1 through 13, 15, 16, 19, 23, 25, 26, 28, 29, and Eul evidence Nos. 4 and the whole pleadings, the following facts are recognized:

① The Plaintiff had been operating a child care center for several years in Yangcheon-gu Seoul and 112 Dong 110, and leased KRW 40 million to the Defendant and E, a parent of the child care at the above child care center, on March 6, 2012.

② On June 8, 2012, the Defendant stolen the Plaintiff’s mobile phone and was sentenced to a fine of KRW 500,000 by the Seoul Southern District Court upon the Plaintiff’s complaint.

③ The Plaintiff and the Defendant received text messages that defame each other from around 2012.

(4) On June 18, 2012, the F apartment located in the above child care center.

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