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(영문) 수원지방법원여주지원 2017.08.30 2016가합768
손해배상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 22, 1992, the Plaintiff married with the Defendant and divorced on February 12, 2015.

B. On October 16, 2014, the Defendant filed a complaint with an investigative agency to the effect that “the Plaintiff was raped by the Defendant on September 23, 2014 and October 2, 2014,” and the Plaintiff was prosecuted on February 12, 2015 after undergoing an investigation by the investigative agency upon the said complaint.

C. On July 16, 2015, the court of first instance (Seoul High Court Decision 2015No2238) rendered a judgment dismissing the appeal on the grounds that “the Plaintiff’s sexual intercourse may be deemed to have been committed against the Defendant’s will, disregarding the Defendant’s intention, or against the Defendant’s will, and it is difficult to deem that the horses and actions during that process constituted assault or intimidation to the extent that it would make it impossible or considerably difficult for the Plaintiff to resist the Defendant’s resistance or make it difficult.” The Prosecutor appealed against this, but the appellate court (Seoul High Court 2015No2238) rendered a judgment on the grounds as of October 8, 2015.

The above judgment became final and conclusive on October 16, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 (including each number, if any), the purport of the whole pleadings

2. The defendant asserted that he had no raped from the plaintiff and filed a false complaint with the plaintiff. Since the plaintiff had suspended his food service business in Japan due to the investigation and trial procedures following the above complaint, the defendant is obligated to pay the plaintiff the amount of KRW 240,000,000 (the amount of KRW 130,000,000,000,000,000,000,000,000,000,000,000,000,000) as compensation for damages caused by the above tort.

3. In making a judgment, accusation, etc., if the complainant, etc. knew or did not know of the existence of a crime against the accused, etc. due to such accusation, accusation, etc., the complainant, etc. shall be liable to compensate for the damages that the accused, etc. suffered.

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