손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. As the Defendant’s judgment on the defense prior to the merits expired after the lapse of the three-year statute of limitations, the Plaintiff’s claim of this case is deemed unlawful. Therefore, this case’s claim is considered unlawful.
However, even if the claim of the Plaintiff’s claim was extinguished by prescription, it cannot be viewed as a defense prior to the merits because it is not unlawful. Furthermore, the fact that the Plaintiff’s damage claim occurred on February 12, 2013 and April 12, 2013 is followed. The fact that the lawsuit in this case was filed on January 26, 2016, which was three years after the expiration of the statute of limitations for the damage claim due to the tort, is apparent in the record. Thus, the Defendant’s aforementioned defense is groundless.
2. On February 12, 2013, the Defendant: (a) committed assault, such as assaulting twice the Plaintiff’s inner part, etc., which caused the Plaintiff to suffer injury, such as a non-alleys that need medical treatment for three weeks; (b) received a summary order of KRW 1 million due to such criminal facts; and (c) around April 12, 2013, the Defendant prepared and submitted to an investigation agency a complaint stating that “the Plaintiff would inflict four (4) attention upon the Defendant to defend the Defendant’s assault; and (d) the investigation agency issued a non-guilty disposition on October 7, 2013; and (e) the Defendant received a summary order of KRW 2 million for the purpose of having the Plaintiff be subject to criminal punishment by filing a false complaint on November 8, 2013; or (e) received no dispute between the parties to a criminal charge with the intent of having the Plaintiff be subject to criminal punishment; or (e) obtained evidence 21, 2500,000 won evidence and evidence 2, respectively.
According to the above facts of recognition, the defendant is obligated to compensate the plaintiff for damages caused by each of the above illegal acts.
In regard to the claim for damages caused by an accusation, since the defendant was punished for a false accusation because he/she failed to prove that he/she was assaulted, the claim is unfair.