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(영문) 서울남부지방법원 2016.03.25 2015나8549
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The plaintiff is the person who was the chairperson of the residents' representative council of Yangcheon-gu Seoul Metropolitan Government apartment complex C (hereinafter "the apartment of this case"), and the defendant is the resident.

B. From February 10, 2014 to July 16, 2014, the Defendant arbitrarily removed advertising Stickers, notice of construction of apartment painting, bicycle collection notice, urban gas inspection notice, urban gas inspection guide, etc. attached to the instant apartment in the council of occupants’ representatives in several times from the date of the instant apartment, and by posting a false public notice indicating himself/herself as the council of occupants’ representatives at the same place, the Defendant used the qualification of the council of occupants’ representatives of apartment, and interfered with the management of the council of occupants’ representatives of apartment houses.

C. The defendant Na

On August 21, 2014, a summary indictment was filed with respect to the act of this paragraph under the name of a crime such as the damage of property and the obstruction of business affairs, and a fine of KRW 100,000 (No. 2014, 2202), a fine of KRW 500,000 (No. 2014, 2706) on November 26, 2014, and a fine of KRW 80,00 (No. 2015, 1169) on November 20, 2015, the above judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 11 to 15, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff assumes that the defendant is the representative of the tenant of the apartment of this case and attached a false statement to the public notice, while interfering with the plaintiff's legitimate management affairs by continuously damaging the public notice attached by the council of occupants' representatives of the apartment of this case, and due to this reason, the plaintiff suffers from symptoms due to extreme stress, typism, and depression. Thus, the defendant asserts that the plaintiff should pay 12 million won as compensation for mental damage suffered by the plaintiff due to the above tort.

B. Determination of the board board is made by the Defendant’s council of occupants’ representatives at will.

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