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(영문) 서울북부지방법원 2019.07.17 2018나3449
명예훼손 등에 의한 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Claim for consolation money due to the Defendant’s insult

A. On February 18, 2015, the Defendant asserted that the Plaintiff suffered mental pain to the Plaintiff, as he committed a tort of patent insult by openly insulting the Plaintiff at the council of occupants’ representatives held in the meeting room of the second floor occupants’ representatives of the apartment management office of the instant apartment management office, such as intending the Plaintiff, etc., and thus, the Defendant is liable to pay consolation money of KRW 900,000 and delay damages therefrom to the Plaintiff.

B. Determination 1) According to the overall purport of evidence Nos. 1 and 1 and evidence Nos. 1, the Defendant was sentenced to a suspension of sentence of KRW 300,000 won for the crime of insult at the Seoul Northern District Court on June 15, 2016 (Seoul Northern District Court Decision 201:30 through 21:10). According to the reasoning of the judgment of the lower court, the Defendant was found to have committed an unlawful act by the Defendant on the following grounds: (a) “The Plaintiff appeared to the council of occupants’ representatives at the meeting room of the second floor occupants’ representatives from February 18, 2015 to February 20 to 21:10; (b) the Plaintiff had received damages from the council of occupants’ representatives at the meeting of the second floor occupants’ representatives; and (c) the Plaintiff was deemed to have received damages from the council of occupants’ representatives at the meeting of occupants’ representatives by openly 30,000 won for the reason that the Defendant had received damages from the council of occupants’ representatives.

2. Claim for consolation money due to Defendant’s defamation

A. The Defendant alleged the Plaintiff’s assertion on September 1, 2016, the second floor of the Management Office of the instant apartment.

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