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(영문) 대구지방법원 2017.02.08 2015가단46949
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is the Plaintiff and the Plaintiff’s resident of Daegu Suwon-gu Carryover Dong (hereinafter “instant loan”) 301, and the Defendant is the owner and the resident of the instant loan 201.

The Plaintiff, from June 2007 to May 2013, 2013, was in charge of the collection and disbursement of management expenses for six generations of the instant loan.

On May 13, 2013, the Plaintiff transferred management expenses to D, and around June 13, 2013, opened a Daegu Bank account under the name of the wife E and the Plaintiff’s joint name for the collection and disbursement of management expenses, and transferred management expenses, etc. remaining in the Plaintiff’s account to the said joint account.

While the Plaintiff did not refund the above Daegu Bank passbook opened for the collection and disbursement of management expenses to D, the portion of November 2013 and the portion of the water rate on December 12, 2013 was delinquent.

Accordingly, the Defendant and five residents, F, etc. of the instant Ba filed a complaint with the Plaintiff as the crime of interference with business, stating that “The Plaintiff did not return the passbook opened in the joint name of the Plaintiff and E from November 2013 to January 22, 2014, thereby obstructing the payment of water rates by four persons, including the Defendant, without returning the passbook opened in the joint name of the Plaintiff from November 2013 to January 22, 2014”

The Plaintiff was investigated by an investigative agency and tried to change the account opened in the name of the Plaintiff and E to the account under the name of E. However, the Plaintiff was unable to file an application for change of the account or automatic transfer due to lack of access to the bank, and the Plaintiff was paid the water fee in arrears from August 2013 to October 201, but the Plaintiff did not pay the water fee, but the amount of the said water fee was changed to be in arrears due to the failure to pay the water fee from November 2, 2013 to December 2, 2014. The prosecutor of the Daegu District Prosecutor’s Office transferred the receipt and disbursement of the management fee for the instant loan from the Defendant (the Plaintiff) around June 22, 2013, and the Defendant was not subject to the receipt and disbursement of the management fee for the instant loan from the Defendant (the Plaintiff), while the Defendant did not refund the said passbook, and the amount of the water fee for each household by G and the complainant, the Defendant

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