1. The plaintiff's appeal is dismissed.

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

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

1. Although the Plaintiff did not have committed the Defendant’s assertion, the Defendant filed a complaint with the intent to have the Plaintiff subject to criminal punishment, but was sentenced to a judgment of not guilty.

The plaintiff was suffering from mental pain in the course of attending an investigative agency or attending a trial to obtain investigation due to the above accusation by the defendant, and thus, the defendant is obligated to pay consolation money for mental pain to the plaintiff.

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

Therefore, it cannot be readily concluded that a criminal judgment of innocence against a person prosecuted on the basis of accusation, accusation, etc. became final and conclusive on the sole basis of the result of a criminal judgment of innocence, etc. The determination of whether the complainant's intentional act or negligent act was committed by the complainant, etc. should be made in consideration of all the evidence and circumstances revealed in the record based on the good manager's care (see, e.g., Supreme Court Decision 95Da45897, May 10, 1996). Since the accusation is not based on intentional or gross negligence to the extent that it is recognized as abuse of right, it cannot be deemed that the complainant's act constitutes a tort unless the complainant's act

In full view of the purport of the entire pleadings in the evidence No. 3 of the judgment No. 2005Da29481, Apr. 28, 2006 (see, e.g., Supreme Court Decision 2005Da29481, Apr. 28, 2006). In full view of the purport of the entire pleadings, the plaintiff was notified of a summary order to the facts constituting the crime that "in the dispute with the defendant around Apr. 13, 2010, the plaintiff injured the defendant by scambling the shape of the defendant." However, the court of Daegu District Court rendered a judgment of innocence on February 11, 2015 on the ground that there was no proof of crime by the plaintiff's objection to formal trial.