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(영문) 대전지방법원 2014.12.24 2014나9227
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 2008, the Plaintiff received a complaint from C, D, E, F, and Defendant (hereinafter “Appellants”) to the effect that “The Plaintiff rejected C’s request for withdrawal from the office of C around February 2006 and rejected C’s request for withdrawal, and received money from the complainants in return for the preparation of documents related to the lawsuit, and committed sexually indecent act on E” (hereinafter “instant complaint”).

B. After that, the Plaintiff was indicted by Daejeon District Court 2008 Godan4207 and was convicted on June 3, 2009 due to indecent act by compulsion, refusal to leave, and violation of the Certified Judicial Scriveners Act by the above court.

Accordingly, on September 4, 2009, the plaintiff appealed to Daejeon District Court 2009No1467, and rendered a judgment of not guilty on the part of non-compliance with the withdrawal of each of the above crimes, and was sentenced to the dismissal of the appeal as to the remainder.

The prosecutor appealed to the Supreme Court Decision 2009Do9606, but on December 24, 2009, the dismissal of the appeal was declared.

C. The plaintiff filed a false complaint of this case with C and dismissed the plaintiff, and C appears as a witness in a criminal trial against the plaintiff and leaves C to the court.

A false statement contrary to memory to the purport that the Gu made a false statement, and filed a complaint with C with perjury and perjury on the ground that the perjury was perjury, and on October 25, 2010, the Daejeon District Court 2015Da11545 decided on October 25, 2010, and the above criminal judgment became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 5, Eul evidence 1 and 2, the result of the commission of document forwarding to the Daejeon District Prosecutors' Office at the time of the party's trial, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion that the plaintiff did not comply with the withdrawal from the complaint of this case, and the defendant conspired with other complainants to do so, and therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort.

As to this, the defendant does not comply with the eviction.

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