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1. The Defendant’s KRW 1,00,000 as well as 5% per annum from September 8, 2015 to March 28, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a person who served as the president of the Seocho-si apartment council from November 1, 2004 to October 31, 2008, and the Plaintiff is a person who served as the president of the said apartment council from January 1, 201 to December 31, 201.
On September 8, 2015, the Defendant (the instant Defendant; hereinafter the same shall apply) was in the Defendant’s residence located in Seocho-si, Seocho-si, C Apartment 112 Dong 1001, and the victim (the instant Plaintiff; hereinafter the same shall apply) was entitled to lawful payment of the sales commission fee from January 2015 to June 2015, and there was no discussion regarding the victim’s receipt of the sales commission fee at the council of occupants’ representatives on August 27, 2015. Despite the absence of the fact that the victim tolded that he would return the sales commission fee received unfairly, the former president of the occupants’ representative meeting would not be entitled to receive 400,000 won per month of the sales commission expense while he was disqualified as the president of the representative meeting at the end of his term of office on December 31, 2014, and the victim was unfairly entitled to receive the sales commission fee from May 2015.
Accordingly, the Defendant, by pointing out false facts, damaged the honor of the victim.
B. On June 27, 2016, the Defendant was sentenced to a fine of KRW 2 million for the following criminal facts in the Chuncheon District Court’s territorial branch in the defamation case No. 2016Ma366, and the above judgment became final and conclusive as it is, following the appellate court’s appellate court (Yancheon District Court Branch Branch Branch Decision 2016No381).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings
2. Determination.