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(영문) 인천지방법원 2016.06.28 2016가단10666

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2013, the Defendant filed a complaint with the Incheon Southern Police Station as defamation against the Plaintiff.

B. On July 18, 2014, the Plaintiff was investigated as a suspect at the Incheon Southern Police Station and the Incheon District Prosecutors' Office, and the prosecutor indicted the Plaintiff as a summary charge (case number: Incheon District Prosecutors' Office 2013 type No. 856000), and the Incheon District Court issued a summary order (case number: Incheon District Court 2014 type No. 14757) against the Plaintiff on September 1, 2014.

C. On September 12, 2014, the Plaintiff filed an application for formal trial against the above summary order. On April 9, 2015, the Incheon District Court found the Plaintiff guilty of charges against the Plaintiff and sentenced the Plaintiff to a fine of KRW 3,00,000.

The plaintiff appealed against the above judgment of the court of first instance, and the appeal division of the Incheon District Court in charge of the judgment of appellate court rendered a judgment of not guilty (Supreme Court Decision 2015No1315 Decided August 21, 2015) against the plaintiff, and the above judgment became final and conclusive on August 29, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 (in the case of vegetable evidence, including vegetable evidence), a significant fact in this court, the purport of the whole pleadings]

2. Although the plaintiff did not have made a false complaint, the defendant's summary of the plaintiff's assertion made a false complaint. As a result, the plaintiff suffered a considerable disadvantage and mental suffering from his client, family members, relatives, and neighbors, such as suffering from fingers and extinction.

In addition, in order to respond to the criminal cases that the defendant started to file a false complaint, the plaintiff spent 5 million won as the cost of appointing a lawyer.

Therefore, the defendant is obligated to pay the plaintiff the consolation money of KRW 20 million for mental suffering of the plaintiff, the attorney appointment fee of KRW 5 million for property damage, the total amount of KRW 25 million, and the delay damages for this.