손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the parties' arguments;
A. The Plaintiff asserted that he was detained on charges of violating the Protection of Communications Secrets Act, etc. while serving as Gangwon National Assembly Member B, and appointed C lawyer as his legal representative. C’s name of the application for release on bail from the Plaintiff as the name of the application for release on bail on July 18, 1995; the same year
8. 10. Imprisonment with prison labor for not making an application for release on bail even after being paid a total of 4.3 million won, and one year has been sentenced to suspension of execution.
(2) The court below held that the prosecutor under its jurisdiction is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to a tort committed on the grounds that C had no evidence to acknowledge the charge, even though C had known that there was no document related to release on bail on bail on the trial records, even though C had known that there was no document related to release on bail in the trial records. Thus, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to his official tort.
B. The defendant's assertion that the plaintiff had already filed a lawsuit seeking compensation for damages due to the above claim, which became final and conclusive, and thus, the lawsuit in this case shall be dismissed as contrary to the res judicata effect of the previous lawsuit.
Even if it does not go against res judicata, the Plaintiff’s right to claim damages has already expired prior to the filing of the instant lawsuit, and there is no specific proof as to the prosecutor’s tort. Therefore, the Plaintiff’s claim cannot be complied with
2. Determination
A. Res judicata of a final and conclusive judgment means that the same subject matter of a prior suit is not permitted, and the subject matter of a subsequent suit is not the same as that of the subject matter of a prior suit.
Even if a judgment on the subject matter of a prior suit is a prior question or contradictory one in a subsequent suit, the subsequent suit does not allow any assertion different from the judgment on the prior suit (see Supreme Court Decision 2000Da41349, Jan. 16, 2001). A judgment against a certain subject matter of a prior suit is rendered.