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(영문) 서울남부지방법원 2019.11.28 2019나52650
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the quoted decision of the court of first instance are the same as those for the decision of the court of first instance, except for the following changes, and thus, they shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] In the first and second instances of the second part of the judgment of the court of first instance, “the plaintiff submitted a complaint containing false contents to an investigative agency on or around May 2013, and the plaintiff is dismissed. ② On December 23, 2013, the Seoul Southern District Court presented a witness of the 2013 Gohap285 case, which was held in Seoul Southern District Court, and presented perjury, thereby causing mental and property damage equivalent to KRW 30,000,000 to the plaintiff (the specific contents and perjury in the plaintiff’s assertion are the same as stated in the grounds for the claim)” are added.

Part 2 of the judgment of the first instance court, “relevant criminal cases” in Part 18 of the judgment of the second instance shall be read as “the Plaintiff was convicted on the grounds that the facts charged based on Defendant’s accusation and testimony are recognized in the first instance and the second instance prior to the remand of the relevant criminal case, and thereafter, in the Supreme Court,” and shall be added to “the Plaintiff at the second instance and the Supreme Court after the remanding for the same purpose of innocence”.

2. Conclusion, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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