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(영문) 수원지방법원 성남지원 2018.01.16 2017가단217297
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 January 18, 2016, the Plaintiff became aware of the Defendant as a vocational soldier through hosting around the same month, and around the 19th day of the same month, the Plaintiff had sexual intercourse after drinking alcohol with the Defendant.

B. Afterwards, the Defendant filed a complaint against the Plaintiff as the crime of rape, but around May 29, 2017, the Plaintiff was subject to a disposition by the General Prosecutor’s Office of the 15 Special Military Forces of the Air Force (Evidence of Evidence).

C. On the other hand, on September 8, 2017, the Defendant was also subject to a disposition of incompetence of evidence by the Suwon District Prosecutors' Office regarding the accusation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff asserts that due to the defendant's without fault, the plaintiff suffered damages of 30 million won in total as consolation money for 20 million won and mental suffering as counsel fees.

However, considering that the Defendant filed a complaint against the Plaintiff on charges of rape, and that the Plaintiff was subject to a disposition of incompetence of evidence, the Defendant also was subject to a disposition of incompetence of the charges of incompetence of evidence, it is insufficient to deem that the Defendant filed a false complaint or filed an unfair complaint against the Plaintiff solely on the basis of the above facts of recognition, and there is no other evidence to acknowledge the same.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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