A. On January 31, 2013, the Plaintiff first met or became aware of the Defendant through smartphone hosting operations.

B. On February 1, 2013, the Defendant suffered sexual assault from the Plaintiff at the Moel located near the C Bathing beach.

“The Plaintiff filed a complaint with the investigative agency to the effect that the victim made a statement to that effect by submitting a written complaint containing the same content.

C. The plaintiff was investigated by an investigative agency as a rape suspect on the grounds of the defendant's complaint, but the defendant revoked the complaint against the plaintiff and was subject to a disposition not to institute a prosecution.

On the other hand, the prosecutor judged that the above complaint of the defendant was false and prosecuted without accusation, and the court of first instance (U.S. District Court 2014Kadan6682) found the defendant guilty of all the charges on August 20, 2015 and sentenced the suspended sentence of one year to three years.

Therefore, although the defendant appealed, the appellate court (U.S. District Court 2015No5033) dismissed the defendant's appeal on March 23, 2016, which became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 18, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts finding that liability for damages was established, the defendant made a false statement by the victim who was raped by the plaintiff and filed a written complaint to the same effect, thereby committing an illegal act committed against the plaintiff. Thus, the defendant is liable to compensate for damages suffered by the plaintiff due to the above illegal act, barring any special circumstances.

As to this, the defendant alleged to the effect that at the time of the agreement on traffic accident, the plaintiff agreed on the claim for damages caused by the instant accusation with the plaintiff impliedly, but there is no evidence to acknowledge the fact of the agreement on the non-instigation of a lawsuit, so the defendant'

B. Prior to the scope of liability for damages, each of the facts and the descriptions of Gap evidence Nos. 2, 3, 6, 9, and 30 are all the arguments.