beta
(영문) 서울남부지방법원 2019.01.29 2018가단16595

손해배상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff managed C’s money from around 2001 to around 2008, and the Defendant is a closing member of the above door.

B. The Defendant filed a complaint with the Plaintiff to the effect that: (a) while managing KRW 32,731,553 in the door, the Plaintiff transferred all of the doors to another person; (b) but (c) did not return the remaining KRW 13,731,551; and (d) embezzled, the Plaintiff did not return the said KRW 13,731,551.

C. On July 26, 2018, the prosecutor of the Seoul Southern District Prosecutors’ Office (hereinafter “Seoul Southern District Prosecutors’ Office”) rendered a non-prosecution disposition against the Plaintiff on the grounds that evidence is insufficient as a result of the investigation of the above case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's claim and judgment

A. Upon the plaintiff's complaint, the plaintiff suffered damages of KRW 50,000 (transport expenses for attendance at the investigative agency several times), KRW 4750,000,000,000,00 for hospital treatment expenses (psychological and dental treatment due to mental impulses caused by investigation), KRW 2,000,000,000 for lost profits (the construction of the plaintiff was delayed for 10 days during which investigation was conducted on the ground of the complaint) and KRW 37,250,000 for consolation money and KRW 3,00,000 for total of 10,000,000 for 37,000,000 for

B. Even if the complainant was subject to an investigation due to the suspected fact against which the complainant filed a complaint and received a disposition of non-guilty suspicion, such a complaint is not caused by intentional or gross negligence to the extent that it can be recognized as abuse of right, that is, unless the complainant filed a complaint to the extent that the complaint is deemed to be an abuse of right, and provided the proviso of investigation upon the complaint of the defendant for criminal punishment or solely suffering, and accordingly, the complainant actively made a false statement such as the contents of the complaint while being investigated by the investigative agency and actively made a false statement in accordance with the investigation by the investigative agency, and submitted evidentiary materials that seem to correspond thereto, it cannot be deemed that the