손해배상(기)
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. The assertion and judgment
A. The Plaintiff asserted that D would purchase seedlings from the co-defendant C of the first instance trial (hereinafter “C”).
그런데 C이 묘� 판매자가 관례적으로 하여 주는 가지치기 및 벌채 작업을 하여 주지 아니함에 따라 D로부터 항의를 받은 원고는 피고에게 벌채작업을 의뢰하였다.
The Defendant filed a complaint against the Plaintiff as a crime of fraud on October 30, 2012, even though the Defendant received KRW 23 million from D on October 23, 2012 after completing the felling work. < Amended by Act No. 11403, Oct. 30, 2012>
The content of the plaintiff's cutting work is that the plaintiff will not give 23 million won the price.
As such, the defendant is obliged to pay 23 million won (and damages for delay) to the plaintiff as compensation for damages, since he/she filed a complaint against the plaintiff and is subject to criminal punishment even after receiving the payment in full.
B. The judgment of fraud was made by deceiving a person, and it was established when he/she received property or acquired financial benefits from another person, and subsequently repaid the property or financial benefits already acquired.
This does not affect the establishment of a crime.
Therefore, even if the Defendant received KRW 23 million from D after the Defendant completed his deforestation work, a crime of fraud may be established if the Plaintiff had no intent or ability to pay the price when the Plaintiff initially entrusted his deforestation work to the Defendant. Therefore, it is difficult to view that the Defendant filed a complaint against the Plaintiff for such a reason that it constituted a tort against the Plaintiff, such as dismissal, etc.
In fact, the Plaintiff was convicted of fraud due to the following criminal facts:
(Reasons for Recognition: The facts indicated in this Court, evidence No. 1, and the purport of the entire pleadings). The Defendant, at the office of the injured party E located in the old-gun E located in around October 5, 2012, paid the victim “on the face of cutting down the trees in the Sung-gun F.” to the victim.