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(영문) 서울중앙지방법원 2013.06.07 2012가합62078
손해배상
Text

1.(a)

The Plaintiff (Appointed Party), Defendant C shall be KRW 5 million, Defendant C shall be KRW 2,000,000, and Defendant C shall be KRW 2,000,000, among the above amounts.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 14, and 20, the results of the CD verification by this Court and the purport of the entire pleadings:

around 2009, the Plaintiff was the representative of the Seongbuk-gu Seoul Metropolitan Council of Residents' Representatives (hereinafter "the apartment of this case"). At the time, Defendant C was the representative of the 112 Dong representative of the council of occupants' representatives of the apartment of this case. Defendant B was the representative of the 110 Dong representative and management director of the council of occupants' representatives of the apartment of this case. Defendant D, E, F, G, and H were the members of the "M organization" composed of the occupants of the apartment of this case.

B. The Appointor I is the husband of the plaintiff, the Appointor J, and K are the plaintiff's children.

C. Around July 31, 2009 and around August 5, 2009, Defendant H prepared a written consent of dismissal against the Plaintiff on the ground that the Plaintiff obtained ex post facto approval from the council of occupants' representatives on June 2009 for the total amount of KRW 436,150 for the cost of the ordinary food and the equipment purchase for the stairs cleaning US dollars among the expenditure of the management expenses of the instant apartment on May 2009, even though the Plaintiff obtained approval from the council of occupants' representatives on June 2009 for the said money without the resolution of the council of occupants' representatives, and then visited the occupants of the instant apartment and affixed their seals on the said written consent of dismissal from the occupants.

Defendant H was sentenced to a fine of one million won by the above act as a crime of defamation against the Plaintiff at the Seoul Central District Court, and the judgment (2009 High Court Decision 7969) became final and conclusive.

Defendant C was sentenced to a fine of KRW 3 million for the crime of defamation, defamation, or intimidation against the Plaintiff at the Seoul Central District Court due to the following acts, and the judgment (2010 High Court 6672) became final and conclusive.

1) Defendant C has obtained the written consent of dismissal from July 31, 2009 to August 2009 by printing out 200 copies of the above written consent of dismissal from early 200, and Defendant C also received the written consent of dismissal from the Plaintiff as above. Defendant C had the aforementioned written consent of dismissal from the Plaintiff. Defendant C had the front of the instant apartment 109-dong playground on August 3, 2009.

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