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(영문) 서울북부지방법원 2019.09.10 2018가단117828

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The ground for the change in the annexed sheet to the plaintiff's assertion is stated.

2. The conviction of the Defendant in the first instance trial and the judgment of innocence in the appellate trial after the statutory detention is found, if the conviction of the Defendant ought to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, and there is no evidence of probative value that leads to such conviction, the suspicion of guilt is between the Defendant even if there is no evidence of probative value.

Even if it appears that the interest of the defendant is to be determined in accordance with the major principle of criminal procedure, and the prosecution rendered a judgment of non-guilty charges against the case on which the plaintiff filed a complaint with the defendant without accusation and perjury, and the plaintiff also dismissed an application for adjudication filed with the Seoul High Court and the Supreme Court became final and conclusive as it is, the evidence submitted by the plaintiff alone is insufficient to acknowledge the defendant's accusation and perjury, and there is no other evidence to acknowledge it. Thus, the plaintiff's argument is without merit without

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.