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(영문) 수원지방법원 2020.12.08 2019가단561964

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On June 2018, the Defendant reported to the university headquarters that the Plaintiff sent the mail containing the content of sexual harassment to the Defendant for the purpose of having the Plaintiff be subject to disciplinary action at the university accompanying the Plaintiff and having the Defendant punished by criminal punishment. The Defendant filed a criminal complaint against the Plaintiff to be investigated into defamation, intimidation, violation of the Punishment of Minor Offenses Act, etc.

However, around June 2017, the Defendant’s criminal complaint filed by the Plaintiff against the Plaintiff, namely, “the Defendant is the president of E.I.D.” and “the vice president of E.I.D.” on or around March 2018, the Defendant associates with the president E. C. The Defendant knew of the fact. The Defendant and C professor for Police Officers in March 2018 knew of the fact that “the Plaintiff’s reputation was undermined; the Plaintiff threatened the Defendant; the Plaintiff sent e-mail against the Defendant’s will on or around 19 occasions from March 2, 2017 to September 11, 2017; and the Defendant repeatedly attempted to access or interfere with the Plaintiff’s order; and the Defendant’s order to punish the Plaintiff under the Criminal Act was repeated with a view to repeatedly hiding the Plaintiff’s criminal punishment by repeatedly waiting the Plaintiff to commit an unlawful act against the other party’s will.

Therefore, the defendant is liable to pay consolation money for mental suffering suffered by the plaintiff due to the plaintiff's act of sustaining the plaintiff's reputation and impairing the plaintiff's reputation.

B. Even if the complainant was subject to an investigation due to the suspected fact that the complainant filed a complaint, it shall be deemed that the complaint is an abuse of the right.

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