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(영문) 인천지방법원 2020.10.14 2019나69028

기타(금전)

Text

The part of the judgment of the first instance against the principal lawsuit exceeds the amount ordered to be paid below.

Reasons

1. Determination as to the principal lawsuit

A. A. A summary of the Plaintiff’s assertion 1) around October 2018, the Defendant filed a lawsuit against the Plaintiff (hereinafter “Plaintiff”) by the Incheon District Court, Seocheon-si, Kimpo-si, Kimpo-si, 2014, stating that “Inasmuch as the Plaintiff’s husband C, despite being aware of his father C’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s husband’s father’s father’s husband’s father’s father’s husband’s husband’

Even if there is no illegality relation, the defendant is believed to have been prepared by C as a fact and brought a lawsuit, so it does not constitute a tort.

B. The 1 legal disputes arising from the occurrence of liability for damages to the court are important in relation to the foundation of the rule of law, so the right to trial should be respected to the maximum extent possible, and in determining whether the act of action constitutes a tort, it should be carefully considered so that it does not result in an unfair restriction on the use of the trial system at least. Therefore, in principle, filing a lawsuit in order to seek the settlement of legal disputes is justifiable act in principle, and it is not readily concluded that the filing of the lawsuit was a tort just because the lawsuit was finalized upon the judgment of the losing party, but at the same time, the party who has filed the lawsuit is forced to file the lawsuit and forced to pay the attorney's fees for that reason.