(영문) 부산지방법원 서부지원 2018.05.29 2017가단111312

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(영문) 부산지방법원 서부지원 2018.05.29 2017가단111312

위자료

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 2-1, 2, and 3-1 and 3-2:

On March 21, 2016, the Defendant filed a lawsuit claiming damages of KRW 14,832,689 and damages for delay against the Plaintiff, alleging that the Plaintiff interfered with the construction implemented by himself/herself and filed a civil petition and incurred losses, such as delayed construction, etc., by filing a civil petition, and filed a lawsuit against the Plaintiff, which was rendered a judgment against the Plaintiff on September 6, 2016.

Although the defendant appealed against this, the appeal was dismissed (Supreme Court Decision 2016Na10244 Decided May 19, 2017), and the defendant's appeal was dismissed.

(Supreme Court Decision 2017Da20630 Decided August 18, 2017). B.

Although the defendant filed a complaint with the plaintiff on September 29, 2016 on the charges of intrusion upon the building, intrusion upon the residence, and damage to the property, the defendant was subject to each suspected charge (No. 45212 of the same public prosecutor's office in 2016) on June 21, 2016 (No. 45212 of the same public prosecutor's office in 2016) on the charges of intrusion upon the building (No. 74672 of the 2016).

C. The defendant alleged that he was assaulted by the plaintiff and reported to the Busan Northern Police Station, but the investigation was completed.

2. The plaintiff's assertion that the defendant had been aware of the absence of factual and legal grounds as to his/her rights or legal relations, and had been suffering from severe mental pain due to having filed a criminal complaint or filed a civil lawsuit, and paid attorney's fees. Thus, the defendant asserts that he/she is liable to pay the plaintiff a total of KRW 6.6 million and KRW 36.6 million as compensation for damages.

3. Determination

A. The parties to legal disputes seek a final settlement of the dispute to the court is an important issue related to the foundation of a rule of law.

유사 판례

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