1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. The gist of the plaintiffs' assertion is that the defendant filed a complaint with the plaintiff who does not have any relationship with him as a crime of fraud, and that the plaintiffs suffered serious mental damage by filing a lawsuit claiming damages against the plaintiffs, and thus, the plaintiffs are obligated to pay the plaintiff A the consolation money for mental damage with KRW 10 million and KRW 6 million to the plaintiff B.

2. Determination

A. In filing a complaint, accusation, etc., if the complainant knew or did not know of the existence of a crime against the defendant, etc. due to negligence, the complainant, etc. is liable to compensate for the damages suffered by the defendant, etc. due to such complaint, accusation, etc.

In this case, the judgment of innocence against a person who was prosecuted on the complaint, accusation, etc. has become final and conclusive, and the result of the criminal judgment of innocence cannot be readily concluded that the complainant, etc. was intentional or negligent, and the determination of whether the complainant, etc. was intentional or negligent shall be made in consideration of all the evidence and circumstances shown in the record, based on the principle of good manager.

On the other hand, in order to establish a tort as an illegal action or an illegal action, there is no right to claim or respond to the substantive rights protection, and there is no right to claim or respond to the rights. In addition, there is no intention or negligence with respect to the absence of the right to claim or respond to the rights, and the lawsuit or response in question infringes the legal interests of the other party or a third party, and there is no intention

(See Supreme Court Decision 95Da45897 delivered on May 10, 1996, etc.). B.

The following facts are acknowledged according to the facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 1 to 5, and the purport of the whole pleadings.

① The Defendant: (a) lent the name of the securities account to D to the Plaintiff; (b) the name within the name of D to the Defendant using the said account was E; and (c) the Defendant’s securities account was operated to make profits.