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

Purport of claim and appeal

The first instance court.

A. The Plaintiff, from February 2010 to February 16, 2017, was performing as the head of Gangseo-gu Seoul Metropolitan Government Cluxa (A) Dong (hereinafter “Cluxa”). The Defendant is performing as the head of Cluxa from February 2017 to February 16, 2017.

B. On March 13, 2017, the Defendant filed a criminal complaint with the Plaintiff and D on suspicion of occupational embezzlement and violation of the Multi-Family Housing Management Act with the Seoul Southern District Prosecutors’ Office, asserting that some of the management expenses were embezzled and violated the Multi-Family Housing Management Act in the course of embezzlement.

C. On July 17, 2017, the public prosecutor of the Seoul Southern District Public Prosecutor’s Office rendered each of the dispositions against the Plaintiff and D that the Plaintiff was guilty.

The reason for the disposition was that not only specified the facts of the complaint but also insufficient evidence to recognize the embezzlement of management expenses.

In addition, the prosecutor decided on the same day that it is difficult to recognize the defendant's suspicion against the plaintiff and D.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion revealed that “the Plaintiff embezzled management expenses, received excessive benefits as the chairperson of the reconstruction association, and conspired with the employees of the Gu office, thereby impairing the Plaintiff’s reputation.”

In addition, without any basis, the defendant filed a criminal complaint against the plaintiff on the charge of embezzlement, thereby causing pain to the plaintiff.

Due to such acts of defamation and abuse of the right to file a complaint by the defendant, the plaintiff has suffered from mental suffering as well as from heart illness and depression.

Therefore, the defendant is obligated to compensate the plaintiff for active damages such as mental damage and medical expenses incurred by the plaintiff.

B. Determination 1 affirmative damages.