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(영문) 대구지방법원 2018.06.26 2017가단24486
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. On June 23, 2016, the Plaintiff, the spouse of Defendant C, is the lessee who leased deposit money of KRW 3,000,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, and from July 1, 2016 to June 30, 2017, with respect to the 21.9 square meters of the Daegu Suwon-gu E building F (Register 18 story G) owned by Defendant C, as the head of the management office of the above E building.

B. At around 21:30 on January 14, 2017, the Plaintiff: (a) was driving his/her own vehicle in the E-building parking zone; and (b) had a flag with his/her own vehicle; and (c) caused conflicts by demanding the Defendant B, who is the Director of the Management Office, to repair the vehicle for reasons of neglect of the guard staff; and (d) refusing to pay the maintenance fee.

C. The Plaintiff filed a complaint against Defendant B with obstruction of exercise of rights, fraud, embezzlement, intimidation, defamation, preparation of a qualification-style private document, uttering of official document, obstruction of business, unjust enrichment, and insult. Accordingly, the Daegu District Prosecutors’ Office rendered a decision on December 29, 2017 that the Defendant was not guilty of intimidation, insult, and dismissal of the remainder.

On the other hand, D filed a lawsuit against the Plaintiff as Daegu District Court 2017Kadan20835, and the Plaintiff filed a counterclaim for the refund of deposit and the claim for damages under the 2017Kadan24042, and the said lawsuit is pending.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserted and determined that the defendant Eul habitually expressed desire and intimidation to the plaintiff as the manager of the building E, who is the lessee, and violated the duty of delivery of work and safety, and obstructed the plaintiff's exercise of rights when demanding the payment of management fees and rents that unfairly added the interest to the plaintiff. The defendant C violated the duty of facility safety as the head of the facility and the lessor's agent, and the defendant C demanded the payment of management fees and rents that unfairly added the interest to the plaintiff.

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