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(영문) 의정부지방법원 2016.07.06 2015가단107380

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a pastor of the "Diplomatic Association" located in Geumcheon-gu Busan, and the defendant is a pastor of the "FI" located in Namyang-si, Namyang-si.

B. Around 209 and around 2010, the Defendant respectively filed a complaint against the Plaintiff on the charge of defamation (hereinafter “instant complaint”). As a result, the Plaintiff was punished by a fine of one million won as stated in attached Tables 1 and 1(2) on February 18, 2011, and one million won as stated in attached Forms 1 and 1(3) on February 16, 201, and one million won as stated in the facts charged in attached Tables 1 and 13 on February 16, 2012, the Defendant issued a summary order of KRW 2 million and KRW 3 million on the first instance court upon the Plaintiff’s request for formal trial. As such, each of the above was reduced at the first instance court upon the Plaintiff’s request for formal trial.

On June 14, 2012, the appellate court rendered a judgment of not guilty of all the charges listed in the separate sheet 1, and thereafter dismissed the prosecutor’s appeal on August 30, 2012, the judgment of the appellate court became final and conclusive as it is.

C. Meanwhile, on the other hand, the Plaintiff asserted that the Defendant was guilty of committing the same offense as the facts stated in the separate sheet No. 2, and filed a complaint against the Defendant on the charge of defamation and insult around 2015. On December 23, 2015, the Plaintiff issued a non-prosecution disposition on the charge of defamation and insult (defluence of evidence) or non-prosecution disposition on the charge of having no authority to institute a prosecution. On the other hand, the Plaintiff’s petition for adjudication against the Defendant was dismissed on April 25, 2016

[Ground of recognition] Facts without dispute, significant facts, Gap evidence 1 through 9, 11, 12, Eul evidence Nos. 4 and 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the Defendant did not have suffered defamation from the Plaintiff, the Defendant filed a complaint of this case, thereby making the Plaintiff free of charge. The Plaintiff made a defamation or insult by publicly alleging false facts as to the facts alleged in the instant case.

Therefore, the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiff as compensation for property mental damage.

B. First of all, determination 1 on the legitimacy of the Plaintiff’s assertion relating to the instant complaint, such as health room and accusation.