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(영문) 서울중앙지방법원 2015.04.08 2014가합39713

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s complaint filed against B, C, and D and the process of criminal proceedings was 1) The Plaintiff changed its trade name into “F” on June 29, 2010.

hereinafter referred to as “E”

(2) On January 3, 2005, the prosecutor of the Seoul Southern District Prosecutors' Office (Seoul Southern District Prosecutors' Office 2005 type No. 891) filed a criminal complaint against B, C, and D in collusion with the representative director B, the representative director C, and the president D of the Seoul District Court, and filed a criminal complaint against the Plaintiff for fraud, around January 3, 2005 (Seoul Southern District Prosecutors' Office 2005 type No. 891). On January 4, 2005, the prosecutor of the Seoul Southern District Prosecutors' Office directed the head of the Seoul Gangseo-gu Police Station to investigate the above case, and the Plaintiff was present at the investigation department of the Seoul Gangseo-gu Police Station and was investigated as a witness.

3) On March 14, 2005, the prosecutor I of the Seoul Southern District Prosecutors' Office, at which the above accusation case was cultivated, sent the above accusation case to the Daejeon District Prosecutors' Office having jurisdiction over C and D's domicile. 4) The Daejeon District Prosecutors' Office, where many cases related to C were in progress (Articles 2004 and 52636 and 22 of the Daejeon District Prosecutors' Office), and the prosecutor J of the Daejeon Prosecutors' Office had already been prosecuted against C, and the rest of the offense against C and D was not subject to prosecution on the grounds that there is no evidence in light of the statements of C and E employees and the written decision on non-prosecution of each of the other cases.

5. The plaintiff filed a complaint and re-appeal, but was prosecuted or dismissed, and the decision of dismissal was also rendered, and the decision of dismissal was also rendered, and the decision of dismissal was also rendered, and the request for adjudication on constitutional complaint against non-prosecution disposition was also dismissed.

B. The plaintiff's filing of a lawsuit against E and the progress of civil procedure