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(영문) 서울중앙지방법원 2019.02.15 2018가단39479
무고등에 따른 손해배상(기) 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that they were prosecuted upon complaint by Defendant C, but were pronounced not guilty, and the plaintiff A was prosecuted upon complaint by Defendant D and was pronounced not guilty, but was pronounced not guilty. The plaintiff A was prosecuted upon complaint by Defendant E and was pronounced not guilty.

Therefore, the defendants are jointly and severally liable to pay 50 million won and damages for delay to the plaintiffs. Among them, the defendants claim 30 million won and damages for delay.

2. Determination

A. As to the claims against the remaining Defendants except the defendant Republic of Korea, in filing a complaint, accusation, etc., if the complainant knew or did not know of the existence of a criminal charge against the defendant defendant et al. due to such complaint, accusation, or accusation, the complainant et al. shall be liable for damages suffered by the defendant defendant et al. In this case, since the criminal judgment of innocence became final and conclusive against the defendant et al., it cannot be readily concluded that the complainant et al. had intention or negligence on the part of the defendant et al., and the determination on the existence of the defendant et al.'s intention or negligence must be made by considering all the evidence and circumstances shown in the records based on the good manager's care (see, e.g., Supreme Court Decision 95Da45897, May 10, 1996). The statement stated in subparagraphs 1 through 10 of Article 1 is insufficient to acknowledge that the remaining defendants except the defendant Republic of Korea knew or did not know the existence of a criminal charge against the plaintiffs, and there is no reason for the aforementioned claim against the defendants.

B. As to the claim against the defendant against the Republic of Korea, the judicial police officers or the prosecutor have the possibility of being convicted of the suspect.

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