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(영문) 서울중앙지방법원 2019.12.11 2019나36256
손해배상 청구의 소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. On June 13, 2012, the following day after the plaintiff received a transfer of the case, the prosecutor who was in charge of the case where the plaintiff filed a complaint against D due to the crime of forging private documents, etc., the defendant did not review the records and rendered a disposition that there was no suspicion of lack of evidence.

As such, the Plaintiff suffered property damage and mental suffering of KRW 12 million and operating loss of KRW 12,750,000,000 and KRW 12,750,000, and the Defendant is obligated to pay damages to the Plaintiff as compensation for damages (including KRW 60,000,000) and damages for delay.

2. In order to file a claim for damages against a public official on account of an official illegal act, the relevant public official shall prove his/her intentional or gross negligence;

(see Supreme Court Decision 2011Da34521, Sept. 8, 2011). All evidence and materials submitted by the Plaintiff are collected, and it is insufficient to recognize that the Defendant committed an illegal act by intention or gross negligence even if it was committed by collecting all the evidence and materials submitted by the Plaintiff.

Therefore, the plaintiff's assertion premised on the defendant's liability for damages is without merit without examining the remaining points.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

Since the part against the defendant among the judgment of the court of first instance is unfair, it is revoked by accepting the defendant's appeal and the plaintiff's claim corresponding to the revoked part is dismissed. It is so decided as

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