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(영문) 서울중앙지방법원 2020.07.24 2020가단5009346
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a person who is working for Co., Ltd. (hereinafter referred to as “Nonindicted Company”), and the Plaintiff is the father of the person who was injured due to a safety accident in the escape car that the Nonparty Company directly manages (hereinafter “previous safety accident”).

B. The Plaintiff and the Defendant met on July 12, 2019 (hereinafter referred to as “the date of the instant accident”) with the Seoul Special Metropolitan City Da 2 “E” (hereinafter referred to as “the instant car page”) for the agreement on the previous accident.

C. On the day of the instant case, the Plaintiff and the Defendant did not reach an agreement, and in the process of hedging each other after the agreement was reached, there were several vagabonds between the Plaintiff and the Defendant.

In this regard, the Defendant reported the Plaintiff as a charge of assaulting (hereinafter “instant report”) by asserting that “the Plaintiff, on the day of the instant case, abused the Defendant’s shoulder two to three times.” On the other hand, the Plaintiff was subject to a non-prosecution disposition on August 2, 2019.

In relation to the report of this case by the defendant, the plaintiff filed a complaint with the defendant on the ground that "the plaintiff was assaulted by the defendant on the day of this case, although he did not have committed an assault to injure the defendant's shoulder, he reported it to an investigative agency, and the plaintiff was investigated, but finally received a disposition of non-prosecution disposition." On the other hand, the defendant was subject to a disposition of non-prosecution disposition on February 4, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 6, 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion caused the Defendant’s false report to appear in the Gwanak Police Station and undergo an investigation. From the date of appearance to the date of receiving a prosecutor’s non-suspected disposition, there was an influence in mind, and the concentration of work in the workplace was remarkably lowered on the wind of living with severe stress.

(b).

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