손해배상(기)
1. The appeal against the counterclaim by the Defendant (Counterclaim Plaintiff) is dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
1. The court of first instance dismissed both the plaintiff's principal claim and the defendant's counterclaim. Since the defendant appealed only with respect to the counterclaim, only the counterclaim is subject to the judgment of this court.
2. The defendant's assertion and judgment
A. The Plaintiff asserted that the Defendant and the lease deposit (the Busan District Court Decision 2012Da361876, the 2013Gais28810, the 2013Gais28810, the hereinafter “related civil lawsuit”) filed an unfair lawsuit by acquiring and executing a final judgment different from the substantive legal relationship, based on forged documents, by false assertion contrary to objective truth.
Due to the Plaintiff’s tort, the Defendant sustained damages of KRW 6,82,00,00 in total, including ① bathing room repair cost of KRW 2 million, KRW 1.32,00,000,000,000,000,000,000 for the replacement cost for the scambling market for the scambling season, KRW 1.32,000,000,000,000 for the future secondary repair cost of KRW 2,000,000,000,000 for unpaid rent of KRW 1.3,233,00,00,00 for the sum of KRW 3,19,00,00 for mental distress (= KRW 6.82,00,000 for the 3.2 million,000,000 for the scambling market).
(Defendant’s preparatory brief dated February 1, 2016). The Plaintiff is liable for damages to the Defendant.
B. Since the parties to a legal dispute seek a final settlement of the dispute against 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 tort, careful consideration should be given to the court so that it does not result in unreasonably restricting the use of the trial system
Therefore, the filing of a lawsuit in order to seek the resolution of legal disputes is a legitimate act in principle, and only the filing of the lawsuit is confirmed after the judgment against the plaintiff was rendered, it cannot be readily concluded that the lawsuit was a tort, but on the other hand, the person who has filed the lawsuit.