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(영문) 인천지방법원 2018.11.02 2018나60208

손해배상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion

A. On December 2014, the Plaintiff was awarded a contract for the remodeling and the expansion of balcony in Ansan-si C from Ansan-si, and completed the said construction by March 2015.

As the Plaintiff demanded the payment of the remaining construction cost to B, B made it impossible to pay the construction cost because it offered a bribe of KRW 30,000,000 to the public officials of the Dong-gu Office in Ansan-si.

On May, 2015, the Plaintiff filed a civil petition demanding the investigation of public officials who received a bribe from B at the National Assembly Administration of Ansan-si (hereinafter “instant civil petition”).

B. Since then, the Plaintiff was detained by fraud, etc. and was subject to a criminal trial. In the above criminal trial, B testified that the Plaintiff had increased the construction amount by threatening B by filing a civil petition with the Ansan-si Office.

On August 22, 2017, and September 28, 2017, the Plaintiff requested the member-gu Office of Ansan-si to disclose the results of treating the instant civil petition (hereinafter “instant request for disclosure of information”). However, the member-gu Office did not notify this.

C. As such, since the member of Ansan-si Office did not comply with the instant request for the disclosure of information, and the Plaintiff was disadvantaged by failing to submit the results of treatment to the Plaintiff’s criminal trial, the Defendant is obligated to pay KRW 15,000,000 as compensation for damages.

2. Determination

A. From May to June, 2015, it is not sufficient to recognize the fact that the Plaintiff filed a civil petition on the Internet, such as the Plaintiff’s assertion, with the Ansan-si Office. There is no evidence to acknowledge otherwise.

B. Even if the plaintiff filed the above civil petition, Eul evidence Nos. 1 through 5 is used.