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(영문) 대구지방법원 2020.10.29 2020가단119391

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The plaintiff shall bear the litigation costs.

Reasons

1. Basic facts

A. The Plaintiff has a claim for rent to C.

B. The Defendant was in a transaction with C by requesting C to manufacture fire-fighting parts.

C. The Plaintiff asserted that the Defendant prepared a letter of confirmation that he would pay C rents to the Plaintiff, and that the Defendant applied for a payment order with the Defendant as the obligor, which was the Sung-gun District Court of Seo-gun Branch 2014Hu147. The payment order became final and conclusive as it was because the Defendant did not raise any objection against the issued payment order.

The Defendant filed a lawsuit of demurrer against the above final payment order with the Seogu District Court Branch of 2017Kadan5154, and the above lawsuit of demurrer was transferred to the Seogu District Court of Busan District, Seogu District Court of Justice, and the Defendant was not present at the date of pleading and thus withdrawn.

E. Meanwhile, on February 15, 2017, the Defendant asserted that the Plaintiff submitted a false confirmation document to the court. On the other hand, the Defendant filed a criminal complaint against the Plaintiff on charges of forging Private Document Forgery, etc. with the achieved Police Station. On January 2, 2018, the Prosecutor of the Daegu District Prosecutors’ Office issued a disposition against the Plaintiff without suspicion (Evidence of Evidence).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 4, and the purport of whole pleadings.

2. The Defendant, which caused the Plaintiff’s assertion, directly prepared a written confirmation and filed an unfair complaint against the Plaintiff for the crime of forging private documents, etc.

As a result, the plaintiff was unable to normally perform his/her duties due to his/her severe mental impulse and preparation to respond to the criminal complaint.

The plaintiff shall claim for the payment of damages for property which the plaintiff suffered from the hindrance to his business, 20,800,000 won as damages for consolation money, 15,00,000 won in total, 35,800,000 won in total, and damages for delay.

3. The criminal complaint is naturally unlawful and the complainant is against the defendant, on the ground that the criminal complaint was issued to the effect that the criminal complaint was groundless.