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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. According to the Jeju District Court Decision 201Kadan10586 rendered by the Plaintiff and the Defendant, the Plaintiff had a claim of KRW 70 million with respect to D, etc. operating food manufacturers of “C,” and the Defendant had a claim of KRW 39 million with respect to the Plaintiff.
B. In order to deduct the right to operate D, the Plaintiff: (a) agreed on September 7, 2012 that the Defendant and D’s change the representative of the report on succession to the status of food business operators, power of attorney, and the contract for transfer and takeover of sanitary business places from “joint representative Defendant and D” to “the single representative D”; (b) and (c) stated that D forged each of the above documents without the Defendant’s permission for the purpose of having D subject to criminal punishment, despite signing and sealing each of the above documents.
C. On November 201, 2013, the Plaintiff prepared a written complaint to the effect that "D voluntarily states the defendant, a joint representative of the above company, "a person who succeeds to the status of food business operator" and "transferr" in the report for the purpose of excluding the defendant who is a joint representative of the above company from the joint representative, "B" and "B" in the contract for the transfer and takeover of the sanitary business place, and delivers it to the Jeju Viewer and public officials, which is punished as the crime of forging private documents and uttering of the above investigation document." At that time, the Plaintiff submitted the written complaint to the public service center of the Jeju Western Police Station on November 28, 2013, and the Defendant made a false statement to the police officer in charge as stated in the above written complaint.
The Plaintiff and the Defendant were indicted in Jeju District Court case 2014Kadan878, 1861 (Merger) on the grounds that they conspired with D as above, and was sentenced to imprisonment for one year from the above court on November 13, 2015, and eight months from the Defendant’s imprisonment.
E. The plaintiff and the defendant appealed against the above judgment to the Jeju District Court 2015No735, and each of the above appellate trials.