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(영문) 광주지방법원 2017.09.13 2017나1277
손해배상(기)
Text

1. Of the instant lawsuits, KRW 500,000 and its payment shall be made on the day after the day of delivery of a copy of the instant complaint.

Reasons

1. The plaintiff's assertion is about August 2007 as follows 3-A.

The defendant was a police officer who investigated the above case, and was subject to criminal punishment after being detained as stated in the paragraph.

However, the plaintiff actually offered the following third-A.

3 There is no act identical to the facts constituting the crime mentioned in the preceding paragraph.

However, while investigating the above case, the defendant's statements by C, D, E, and F correspond to the plaintiff's assertion. Despite the absence of signature and seal on the interrogation protocol of the plaintiff, the defendant neglected the investigation and applied for detention warrant against the plaintiff and detained the plaintiff, and sent it to the prosecutor's office with the opinion of prosecution.

The Defendant’s above act constitutes the crime of abusing authority and obstructing another’s exercise of rights and neglecting duties, and preparing an application for detention warrant containing false information constitutes the crime of preparing false official document.

Therefore, pursuant to Article 29(1) of the Constitution of the Republic of Korea and Article 750 of the Civil Act, the Defendant is obligated to pay the Plaintiff damages, such as the written claim.

2. Determination as to whether the part claiming KRW 500,00 among the instant lawsuit and damages for delay thereof are lawful

(a) The following facts are apparent in the records:

1) The Plaintiff’s claim of the first instance court stated that “the Defendant shall pay to the Plaintiff 4,00,000 won and 15% interest per annum from the day following the day of delivery of a duplicate of the instant complaint to the day of complete payment (see, e.g., the instant application for amendment of the purport of the claim on January 24, 2017),” and that the first instance court rendered a judgment dismissing the Plaintiff’s claim on February 3, 2017. (2) The Plaintiff submitted a petition of appeal against the first instance judgment on February 14, 2017, and stated that “the first instance judgment is revoked. The Defendant shall pay to the Plaintiff 2,70,000 won and 15% interest per annum per annum from the day following the day of delivery of a duplicate of the instant complaint to the day of complete payment.”

In addition, the plaintiff is the defendant to make a claim together with the petition of appeal on the same day.

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