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(영문) 인천지방법원 2019.05.14 2018가단977

손해배상(위자료)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. In addition, the Defendants’ summary of the Plaintiff’s assertion filed a complaint with the Plaintiff for fraud and violation of the Attorney-at-Law Act, thereby impairing the Plaintiff’s reputation and credit by pointing out false facts in the complaint form, statement of grounds of appeal, reference documents, content-certified mail, etc. prepared in the course of criminal proceedings or while proceeding with the Plaintiff’s civil case, and

As a result, the plaintiff was suffering from serious mental pain. The defendants are obligated to pay the plaintiff the amount stated in the claim as consolation money.

2. The following facts are acknowledged in full view of the evidence and the purport of the entire pleadings submitted by the court.

A. The Defendants filed a complaint against the Plaintiff on charges of fraud and violation of the Attorney-at-Law Act, and the Plaintiff was indicted on March 28, 2018 on the basis of the above complaint with the same content as that stated in the separate crime No. 1.

(Case Number: Incheon District Court 2018 Godan1973). (b)

On November 8, 2018, the Incheon District Court sentenced the plaintiff (defendant) to imprisonment with prison labor for ten months, suspension of execution for two years, community service order 160 hours, additional collection of 60,000 won and the disposition incidental thereto.

On November 14, 2018, the Plaintiff appealed against the above judgment, and as of the date of the closing of the instant case, the said case is pending in the appellate court.

C. On December 28, 2016, the Plaintiff filed a lawsuit against the Defendants for the payment of consolation money, claiming as shown in attached Table 2, with the Suwon District Court (Case Number Suwon District Court Decision 2016No31527, Jun. 2, 2017), but the said court rendered a judgment dismissing the Plaintiff’s claim on June 2, 2017.

Accordingly, the Plaintiff’s appeal and appeal were dismissed in entirety against the above judgment.

(Case Number of Appellate Court: Suwon District Court 2017Na10364, Case Number of Supreme Court : Supreme Court 2018Da11039). 3. Judgment

A. As to the assertion of consolation money due to the use of expression 1.

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