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(영문) 서울동부지방법원 2017.04.26 2015가단130749

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On May 17, 2015, the Defendant filed a complaint with an investigative agency to the effect that “the Plaintiff, at around 05:00 on May 17, 2015, he/she, together with four Plaintiff, friendly C, C’s husband, Defendant, etc., drinked alcohol, and entered the room in the same room as the Defendant, and made quasi-rape by having sexual intercourse with the Defendant in a state of mental disorder.”

B. On September 30, 2015, the prosecutor belonging to the Seoul Western District Prosecutors' Office rendered a disposition that “no suspicion exists” on the ground that the defendant’s statement alone is inconsistent with evidence by taking into account the results of genetic assessment, C’s statement, etc. to the Plaintiff.

【No dispute over the basis of recognition”, Gap evidence No. 7, and the purport of the whole pleadings, although the plaintiff asserted that he had sexual intercourse with the defendant, the defendant committed a tort by filing a false complaint with an investigative agency for the purpose of having the plaintiff punished for quasi-rape.

Due to such unlawful acts by the defendant, the plaintiff suffered property damage by paying the attorney-at-law fees, retired from the accompanying workplace, and suffered serious mental pain, such as damage of the plaintiff's social and personal value, by hearing the contents of the case to the neighboring people of the plaintiff.

Therefore, the defendant shall compensate the plaintiff for damages: ① 9,350,000 won for the defendant's appointment of lawyer due to the defendant's criminal complaint (=5,50,000 won for contingent fees of 5,50,000 won for appointment); ② 183,820 won for civil litigation proceedings (c) 183,820 won for retirement due to the plaintiff's mental stress; ④ 10,000,000 won for consolation money, and ⑤ 10,000,000 won for consolation money due to serious mental damage as a sexual assault perpetrator's status for about one year after the defendant's criminal complaint; ⑤ 5,000 won for appointment of lawyer due to the defendant's oral dissemination of the contents of the case that the defendant did not confirm to the victim's sexual intercourse with D, thereby hearing the contents of the case; and thus, the plaintiff's social, personal value.