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(영문) 서울중앙지방법원 2015.06.26 2013가단270770
손해배상(기)
Text

1. Defendant C shall pay to the Plaintiff KRW 64,961,650 as well as 20% per annum from May 29, 2015 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The part concerning the claim for the expenses of the auction procedure (1) Defendant B did not pay the expenses of KRW 8,163,600 for the real estate auction procedure to be paid by himself to the Certified Judicial Scriveners E, and the Plaintiff paid the expenses instead of February 2008.

The above defendant is obligated to pay the above money to the plaintiff.

(2) The Plaintiff’s assertion is insufficient to acknowledge only with the written evidence No. 1, and there is no other evidence to acknowledge it.

We cannot accept the Plaintiff’s assertion.

B. As to the claim for consolation money due to false accusation (1) Defendant C and F filed a complaint against the Plaintiff in fraud, the Plaintiff was subject to a disposition to the effect that the Plaintiff was suspected of having been sentenced to punishment No. 2007 by the Gwangju District Prosecutors’ Office 2007 punishment and 38676 (Evidence No. 63

Defendant B filed a complaint against the Plaintiff as a crime of fraud, and on May 20, 2010, the Plaintiff was subject to a disposition by the Seoul Central District Prosecutors’ Office 2010 penal code 14021 (Evidence A2).

[In the absence of dispute, Gap No. 2, No. 63, and the purport of the whole pleadings] (2) The defendant Eul's assertion that caused the plaintiff to be injured by the defendant Eul as false facts, but was subject to a disposition to the effect that the plaintiff was guilty (Evidence No. 63).

In addition, Defendant B received a disposition (Evidence A No. 2) that the Plaintiff was false but suspected of being suspected.

Since the plaintiff suffered mental suffering, he/she claims compensation of 4 million won as compensation for damages.

(3) The evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant B filed a complaint against the Plaintiff constitutes a false accusation.

In addition, the evidence submitted by the Plaintiff alone instigated Defendant C and filed a complaint against the Plaintiff.

It is insufficient to recognize that the contents of the complaint constitute a false accusation.

We cannot accept the Plaintiff’s assertion.

2. In full view of the descriptions of evidence Nos. 28-1, 33-5, 34-1 through 3, 36, and 51 as well as the whole purport of the pleadings, the facts of the reasons for the claim shall be acknowledged.

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