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(영문) 서울중앙지방법원 2018.08.22 2018가합508767

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The plaintiffs' assertion that the defendant filed a provisional attachment against the plaintiff A by applying for provisional attachment against Suwon District Court 2016Kadan60371 (hereinafter "the provisional attachment of this case"), and received a decision of provisional attachment against the plaintiff. The defendant was sentenced to a judgment against the plaintiff under the Suwon District Court 2016Kahap20275 (hereinafter "the related lawsuit of this case"), and was affirmed by the judgment against the plaintiff, and threatened the plaintiff's father, who is the father of the plaintiff before and after the lawsuit. The defendant's above unfair provisional attachment, unfair action and intimidation, etc. were made hard to conduct economic activities and suffered severe mental suffering, and the plaintiff A suffered losses, such as the plaintiff A et al. to go to miscarriage due to stress, and the plaintiff B was going to go to leave the UK E accompanying the plaintiff Eul.

Therefore, the defendant is obligated to pay the amount stated in the claim to the plaintiffs as compensation for damages.

B. Since the parties to the relevant legal doctrine and legal disputes seek a final settlement of the dispute to the court is an important issue related to the foundation of a rule of law, the right to a trial should be respected to the maximum extent possible. In determining whether the act of filing a lawsuit or the act of responding to a lawsuit constitutes a tort, careful consideration should be given so as not to unfairly restrict the use of the trial system.

Therefore, filing a lawsuit in order to seek the resolution of legal disputes is a legitimate act in principle, and it is not readily concluded that the filing of the lawsuit was a tort just because the lawsuit was finalized after the judgment against the plaintiff was rendered.

(See Supreme Court Decision 72Da333 delivered on May 9, 1972). On the other hand, from the standpoint of the person who brought a lawsuit, the person who was forced to bring an action and forced the respondent to bear an economic and mental burden, such as compelling the respondent to pay attorney fees.