손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserted that he/she embezzled management expenses during the period when he/she was in charge of the general affairs of Defendant C Apartment Management Committee, and that the Defendants accused the Plaintiff’s criminal complaint due to occupational embezzlement, and that there was a non-prosecution disposition that was rendered without suspicion on the grounds that evidence is insufficient on March 31, 2014. Defendant C Apartment Management Committee filed a lawsuit against the Plaintiff on April 11, 2014 against the Plaintiff as the cause of the claim, but the fact that the Defendants lost is not a dispute between the parties.
The plaintiff, even after being aware that the plaintiff did not have embezzled, filed a criminal complaint against the plaintiff, and even after being subject to a disposition without suspicion, the defendants conspired to file a civil lawsuit against the plaintiff unfairly. Since the plaintiff suffered mental suffering due to the above tort committed by the defendants, and suffered physical damage, the plaintiff asserts that as part of the compensation for damages, the defendants are obliged to compensate the plaintiff for consolation money of KRW 70 million and KRW 8 million for medical expenses.
First, as to the defendants' claim for damages against the defendants' criminal complaint, even if the defendant was subject to investigation due to the suspected facts against which the complainant filed a complaint, so long as such complaint is not caused by intentional or gross negligence to the extent that it can be recognized as abuse of right, it cannot be readily concluded that the complainant's act constitutes a tort (see, e.g., Supreme Court Decision 2006Da46360, Apr. 12, 2007). Since the plaintiff was not returned to the defendants the money receipt and disbursements prepared by the plaintiff in the course of working at the general responsibility of the defendant C Apartment Management Committee, the fact that the defendants filed a criminal complaint due to occupational embezzlement does not conflict between the parties, or is recognized in accordance with the purport of the entire pleadings, it is difficult to deem that the defendants filed a criminal complaint by intentional or gross negligence, and there is no other evidence to
Next, against the plaintiff.