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(영문) 창원지방법원 2018.04.26 2017나56459
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 700,000 against the Plaintiff regarding the Defendant and its related amount from March 23, 2016 to April 26, 2018.

Reasons

1. Occurrence of liability for damages;

A. The defendant is a person working as the head of the management office of the Gu-si apartment, and around 10:00 on March 23, 2016, the plaintiff is the president of the council of occupants' representatives of the above apartment complex. The defendant posted the notification of the above fact that "No. 123, 1201, 120, 1201, 297, 297,000, 28, and 10,000, on March 28, 2016, 2016, the defendant was liable for damages to the property of the resident by unfairly paying the management expenses, and the defendant did not return the above amount to the victim's council of occupants' representatives, despite the fact that the defendant publicly notified the victim of the above fact that "the defendant was not liable for damages to the above amount by the time of contact with the management office of the apartment," and the defendant did not return it to the victim's council of occupants' representatives.

Accordingly, the defendant appealed and was sentenced to a suspended sentence in this court on September 7, 2017 (2017No1299), and the above judgment became final and conclusive on September 15, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 10 (including additional evidence) and the purport of the whole pleadings

B. In the judgment of civil court, even if it is not bound by the fact-finding of the criminal trial, the criminal judgment already became final and conclusive on the same factual basis.

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