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(영문) 서울중앙지방법원 2021.02.17 2020가단19270
손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 1, 2017, the Plaintiff asserted that: (a) was a public official of the cleaning administration of the Gu office and the control over unauthorized speculation; and (b) the Defendant who illegally dumped cigarette butts at the Seoul D roadway after smoking tobacco on the 12:40 on June 1, 2017.

In the process of the above control, the defendant brought a criminal complaint against the plaintiff by asserting that the plaintiff suffered bodily injury from the plaintiff, despite having committed assault against the plaintiff, such as obstructing the plaintiff's performance of official duties by expanding the plaintiff's public official identification card, pushing the plaintiff to confirm his status, etc., the defendant brought a lawsuit claiming damages against the plaintiff by asserting that the defendant's king was caused by the plaintiff.

The Plaintiff, in the course of performing public duties as above, knee and knee in each of the Defendant’s fightings. The knee and the knee were aggravated, and the Plaintiff was paid KRW 1,00,000 to respond to the Defendant’s complaint and lawsuit, and the Plaintiff incurred KRW 24,90,000,000, such as mental health care costs, and KRW 6,240,363, such as treatment costs, etc. due to the Defendant’s act, and KRW 6,240,363, such as artificial sludge, and suffered mental damage. The amount of consolation money for mental damage is equivalent to KRW 36,90,00,00, and the Defendant is obligated to pay the Plaintiff a total amount of compensation for damages caused by the tort (= KRW 1,00,000,000, KRW 290,000, KRW 2400, KRW 3636,036,00).

2. According to the evidence evidence evidence Nos. 1, 4, 6, and 7, around June 1, 2017, the Plaintiff, who worked as a public official belonging to the cleaning administration of the Gu office C and the illegal speculation control group, was injured by the Plaintiff due to the Plaintiff’s act during the control process around June 1, 2017 at the front of Seoul Special Metropolitan City D, following the Defendant’s act of dumping cigarette butts and belts. The Defendant was injured by the Plaintiff’s act during the control process around June 2017.

The plaintiff alleged that he/she brought a criminal complaint, and thereafter.

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