logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.10.20 2017나45674
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a member of the D Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) located in Busan Nam-gu, and the Defendant was the head of the instant association, who was dismissed from office at the special meeting called by the Plaintiff at the Plaintiff’s proposal.

B. The Defendant, on September 8, 2015, even though the Plaintiff convened the said extraordinary meeting through lawful procedures and embezzled the money of the union members, did not satisfy the quorum, and voluntarily withdrawn the extraordinary meeting for the removal of the president and the suspension of performance of duties of the union members, and the number of the quorums and the quorums became unnecessary due to lack of the quorums and the quorums. A person who was in charge of the representative of the extraordinary meeting for the removal and suspension of duties of the president of the union, filed a lawsuit to nullify the establishment of the association, and subsequently illegally held the extraordinary meeting to interfere with the union’s business. In addition, the Defendant prepared the DNA redevelopment newsletter stating that “The said money of the union members is embezzled” (hereinafter referred to as the “instant letter”) and sent it by mail to 465 members of the instant union.

C. The defendant was the case where Busan District Court's Dong Branch 2016 High Court's defamation and obstruction of business.

The Defendant appealed with this Court 2017No710,000 won and was sentenced to a fine of KRW 500,000 from the above court on September 7, 2017. The above judgment became final and conclusive around that time.

(hereinafter the above criminal case shall be referred to as "the criminal case of this case" and the final judgment of this case shall be referred to as "the criminal judgment of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, 9, Eul evidence Nos. 3 through 10 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the cause of claim, etc.

A. The defendant is liable for damages according to the above facts of recognition 1.

arrow