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(영문) 서울중앙지방법원 2016.07.18 2016가합512793
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In the process of the relevant civil case, FON Co., Ltd. (hereinafter “EON”) filed a lawsuit on the claim for construction cost, etc. against EON Co., Ltd. (hereinafter “EON”) at the Seoul Eastern District Court 2010Kahap2037 and rendered a dismissal judgment at the first instance court, but the appellate court was sentenced on May 4, 201, and EON appealed appealed filed a final appeal against the said appellate court judgment.

B. On July 2012, the KON filed a complaint against KON and the progress of the relevant criminal case 1) EON filed a complaint against G, etc. under suspicion, such as perjury and litigation fraud, with respect to the said civil case. 2) The Plaintiff served as the investigation officer of the Seoul East District Prosecutors’ Office, while investigating the said criminal case from July 2012 to October 2012.

3) On November 19, 2012, G was prosecuted on charges of attempted fraud, etc. and was found guilty of some charges, and the appellate court was sentenced to three years of imprisonment on October 24, 2014, and the said judgment became final and conclusive thereafter. (c) G et al. appointed a limited liability law firm (LLC) as the defense counsel of the said criminal case around September 2012.

Defendant B is in office as the Supreme Prosecutors’ Office H, etc.

After retirement, the law firm (LLC) was employed as an attorney-at-law belonging to the Pacific Department and was in charge of the above case.

2) Defendant C served as the Prosecutor of the Supreme Prosecutors’ Office from September 201 to April 2013, 201, and Defendant D served as the prosecutor of the Seoul High Prosecutors’ Office from April 2013 to January 2014, and from April 2013 to February 2015, Defendant E served as the prosecutor of each Seoul High Prosecutors’ Office. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s evidence 1 and evidence 1 and evidence 8-2316, and the purport of all pleadings.

2. Summary of the plaintiff's assertion

A. The Defendants asserted as to the establishment of liability for damages are liable for damages of the Plaintiff due to the following tort.

1. Defendant B, while working as a counsel of G, etc., excluded the Plaintiff from the investigation of G, etc. or interfere with the Plaintiff’s investigation.

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