The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Around December 9, 2015, the summary of the Plaintiff’s assertion submitted to an investigative agency a written complaint to the effect that the Defendant suffered from the injury of a sexual crime from the Plaintiff, thereby conducting an investigation into the Plaintiff.

However, the police officer in charge, in collusion with the defendant, sent the Kakakao Stockholm message to the plaintiff and sent the plaintiff with the criminal intent of deceiving the plaintiff, and the prosecutor and the police officer did not properly notify the plaintiff of the Kakao Kakao Stockholm principle, and applied the evidence to the defendant, such as making a false confession from the plaintiff, preparing a new statement of statement to the defendant in accordance with the false confession, and preparing a recording paper to the plaintiff.

In the process, the defendant took part in the manipulation of evidence by prosecutors and police officers, or gives perjury in the court, etc. so that the plaintiff was convicted in the relevant criminal case, and committed a juristic act contrary to social order.

As a result, the Plaintiff was indicted on March 22, 2016, and was sentenced to a six-year conviction (Seoul High Court 2016No2281) by imprisonment with prison labor for sexual crimes against the Defendant, etc. on July 3, 2016, and the sentence against the Plaintiff was mitigated to five years from the appellate court (Seoul High Court 2016No281). The judgment of conviction against the Plaintiff became final and conclusive as it was, because the Plaintiff appealed against the above appellate court judgment but the appeal was dismissed.

(hereinafter referred to as “related criminal case.” Since the judgment of conviction against the Plaintiff was finalized in the relevant criminal case by arbitrating the Plaintiff in accordance with the legal act against social order of investigation agencies and the Defendant, the Plaintiff filed the instant lawsuit against the Defendant seeking confirmation of the contents of the purport of the claim against the Defendant with a view to clarifying the truth of the Plaintiff by clarifying the substantive truth through a retrial.

2. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

First, it is in civil procedure.