손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, around 2009, the Plaintiff started the business of collecting and selling plastics in the name of “E” with the Defendant’s child C and D, and then changed the trade name into “F” on November 2012. On or around June 2013, the Plaintiff borrowed KRW 50 million from the Defendant via “F” through “C”, and C delivered money to the Plaintiff one month after the receipt of the borrowed money from the Defendant.
The Plaintiff did not know the Defendant at the time of the loan and did not participate in the preparation of the loan certificate.
C received KRW 50 million from “G” on December 2013, and repaid the Defendant’s obligation to the Defendant. Around December 2013, the relationship between the Plaintiff and D with the Plaintiff and D was organized, and the Plaintiff independently run the business, and the Plaintiff and D received business rights from the Plaintiff and D, while the said prepaid obligation was fully repaid by C.
Although it is evident that the Defendant resided in the same building as C and knew of all the above circumstances, the Defendant filed a complaint against the Plaintiff for the purpose of having the Plaintiff be subject to criminal punishment, but the Plaintiff was subject to a non-prosecution disposition.
Nevertheless, the defendant's appeal and application for adjudication without complying with this, and thereby bullying the plaintiff mentally and economically.
According to the above false accusation by the defendant, the plaintiff was unable to engage in personal employment business for at least five days in the course of attending an investigative agency to undergo investigation, was hospitalized and treated as a new-person infection due to extreme stress, and the plaintiff was unable to engage in personal employment business for at least five days in the case of the plaintiff. Thus, the defendant is liable to compensate for losses on business suspension for the above 10-day medical expenses suffered by the plaintiff and the medical expenses for the plaintiff's wife.
2. In filing a complaint, accusation, etc. of relevant legal principles, if the accused, etc. knew of the existence of a criminal charge or did not know such fact by negligence, the complainant, etc.