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(영문) 수원지방법원 2016.06.15 2015가단18363
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At around 19:45 on March 27, 2013, the Defendant was found to have received a summary order of KRW 100,000,00 from the Defendant on the charge that: (a) in front of the 325-dong road traffic, the Defendant: (b) was snicking the Plaintiff’s flapsing with the Plaintiff and Sifa; (c) was snicking the Plaintiff’s flapsing; and (d) caused the Plaintiff’s flaps and tensions in need of approximately two weeks of treatment by destroying the Plaintiff’s tight bottom

B. The plaintiff A.

In setting up against the Defendant’s assault at the same date and time as indicated in the port, at the same place as indicated in the Defendant’s port, the Defendant’s breath was charged with an injury to the spatum salt, etc., which requires approximately two weeks’ medical treatment, and was sentenced to a summary order of KRW 700,000,000, which was sentenced to a fine of KRW 200,000,000, which was issued by the Suwon District Court 2013No2147, which was filed for formal trial on February 5, 2014. The Prosecutor appealedd as Suwon District Court 2014No1073, but dismissed on July 17, 2014, which became final and conclusive on July 25, 2014.

C. Meanwhile, while the Plaintiff filed a complaint against the Defendant with a false accusation and false piracy, on November 11, 2014, the Plaintiff filed an appeal but was dismissed on January 18, 2015, and the Plaintiff was dismissed on January 18, 2015. The Seoul High Court filed an application for adjudication with the Seoul High Court (Seoul High Court 2015 early 332, but was dismissed on April 8, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 3 (including separate numbers, if any), the purport of the whole pleadings

2. The plaintiff asserted that he was not guilty on the ground that he did not injure the defendant's flaps by dumping the flaps, on the ground that he received a summary order on the ground of false complaint by the defendant, and received a summary order.

Therefore, since the defendant's false complaint constitutes a tort, the defendant's property damage sustained by the plaintiff due to a false complaint is KRW 5 million (the attorney's fee shall be KRW 2 million per month) and KRW 20 million.

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