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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was that Defendant B did not have an assault against the Plaintiff, and thus, the Plaintiff was convicted of the violation of the Punishment of Violences, etc. Act (Joint Injury) by the Gwangju District Court 2014Kadan1366, but the Plaintiff appealed from the Gwangju District Court 2014No2436 and was rendered a judgment of innocence, and the said judgment of the appellate court became final and conclusive around that time.
The Defendants appeared as witnesses in the case of violation of the Punishment of Violence, etc. Act (joint injury) by the above Gwangju District Court 2014Kadan1366, and Defendant B testified each false testimony to the effect that “The Plaintiff was assaulted by Co-Defendant D (the Plaintiff’s husband’s wife in the situation that the Plaintiff was unable to get out of his own arms)” and that “D deemed that Defendant C was the head of Defendant B’s head and was in the Plaintiff’s possession of Defendant B”, and caused the Plaintiff to be convicted of the instant case.
The Plaintiff spent KRW 11,50,000 in total at the attorney’s expense in the above criminal case (i.e., the first instance court and the appellate court) for the purpose of defending the criminal case due to Defendant B’s non-competence and the tort of Defendant C’s perjury (i.e., KRW 3,300,000 in the first instance trial commencement amount of KRW 3,300,000 in the appellate trial commencement amount of KRW 3,300,000 in the final trial). The Plaintiff was suffering from serious mental distress during the investigation and trial of the above criminal case.
In light of the background leading up to this case, it is reasonable to bear 70% of the above attorney’s fee of KRW 11,500,000 for the above attorney’s fee of KRW 11,50,000, and Defendant C shall bear 30% for the above attorney’s fee of KRW 50,000 for the plaintiff, and Defendant C shall pay KRW 20,000 for the consolation money to the plaintiff.
Therefore, Defendant B is obligated to pay the Plaintiff the amount of KRW 58,050,000 (=the attorney’s fees of KRW 50,050,000) and the Defendant C is obligated to pay the amount of KRW 23,450,000 (=the attorney’s fees of KRW 3,450,000) and the amount of delay damages for each of the above amounts.
2. We examine the judgment, and the Plaintiff.