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(영문) 수원지방법원 2017.01.11 2016나10435

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Defendant, who was the number of reporters belonging to the Korea Racing Association, in collusion with D and received KRW 30 million from D to request provision of horse-related information, and provided horse-related information to D via C, was sentenced to a suspended sentence of two years on December 23, 2008 at the Suwon District Court (U.S. District Court 2008Dadan3613), and the judgment became final and conclusive on December 10, 209. (2) The Defendant, on April 28, 2010, prepared a written complaint against the Plaintiff through the E attorney-at-law, who was the complainant, and submitted a letter of complaint to the police officer of the Korea Police Station around April 28, 2010.

The statement of the complaint is that "A was present at the court of Suwon District Court No. 408, Oct. 17, 2008, 14:00, and 3613 of the above court of 2008Kadan3613, and the defendant's case violating the Korean Racing Association Act of Korea, and testified after he appeared as a witness of the above court of 14:0 million won in order to harm the complainant in relation to the criminal case." The facts stated that "A paid a sum of KRW 30 million to the complainant in return for providing horse information from other than the complaint and D, although the complainant did not have any doubt, the complainant stated that "A was punished by making a false statement contrary to memory that "A stated that the complainant demanded additional KRW 10 million to the other complainant and the complainant and stated a cashier's checks of KRW 10 million."

3. The Defendant presented a false complaint to the Plaintiff, even though the Plaintiff appeared as a witness of a violation of the Korean Racing Association Act against the Defendant and testified as they did not prove any fact of perjury, on the grounds that the Plaintiff stated that “the Defendant provided horse racing information to the Defendant who had worked as a horse belonging to the Korean Racing Association” from D, and the Defendant did not submit a false complaint to the Plaintiff.

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