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(영문) 수원지방법원성남지원 2015.09.25 2013가합202874

손해배상(기)

Text

1. Defendant G’s each of the Plaintiffs’ KRW 5,00,000, and 5% per annum from November 15, 2012 to September 25, 2015.

Reasons

1. Determination as to the claim against Defendant F

A. The gist of the plaintiffs' assertion was in collusion with the defendant G and filed a false complaint against the plaintiffs. The defendant F, upon receiving an investigation process or a trial, made a false statement, and detained the plaintiffs.

Therefore, in collaboration with Defendant G, Defendant F is jointly obligated to pay the Plaintiffs damages (daily revenue of KRW 200,000 x 103 days) which the Plaintiffs suffered during the period of detention, including KRW 20,000,000,000 and KRW 30,000,000, respectively, and delay damages.

B. 1) In filing of a complaint or accusation, etc., the complainants, etc. are liable for damages suffered by the defendant's complainants due to the complaint or accusation if they knew or did not know of the existence of a criminal charge. The criminal judgment of innocence becomes final and conclusive, and it cannot be readily concluded that there was an intentional or negligent act on the complainants, etc. on the sole basis of the result of the criminal judgment of innocence. Determination as to whether the complainants' intentional or negligent act was made should take into account all the evidence and circumstances revealed in the record based on the good manager's care (see Supreme Court Decisions 2006Da3241, Oct. 11, 2007; 2007Da3650, Jun. 23, 2009; 2007Da3818, Jun. 18, 2009; 2010Da36518, Feb. 18, 2012).