(영문) 서울중앙지방법원 2014.09.25 2013가단140756

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(영문) 서울중앙지방법원 2014.09.25 2013가단140756

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Although the Plaintiff filed a lawsuit claiming damages against the Defendant, the Plaintiff’s claim was dismissed and the judgment citing the Defendant’s counterclaim became final and conclusive.

[Seoul District Court 93 Gohap39343 (Main Office), 94 Gohap10747 (Counterclaim), Seoul High Court 95Na30750 (Main Office), 95Na30767 (Counterclaim), Supreme Court 96Da34016 (Main Office), 96Da34023 (Counterclaim), hereinafter referred to as "first lawsuit") and "the first final and conclusive judgment"]

The Plaintiff did not accept the first final judgment and continued to raise a problem against the Defendant, and the Defendant, around December 2004, agreed to request the Plaintiff and the attorney-at-law to review the first final judgment and pay the settlement amount in accordance with the opinion.

(hereinafter referred to as the "Agreement of this case") and A attorney-at-law who reviewed the first final judgment in accordance with the agreement of this case presented his opinion that the court's decision cannot be reversed in the present situation where it is not possible to hear.

C. The plaintiff filed a lawsuit against the defendant for the settlement of accounts, etc. under the agreement of this case. In the first instance court, the defendant was rendered a judgment in favor of the plaintiff to the effect that the defendant would pay the plaintiff the settlement amount of KRW 30 million and the delay damages, but the part against the defendant was revoked in the appellate court and the plaintiff's claim for the part was also dismissed, and this became final and conclusive in the appellate court.

(Seoul Western District Court Decision 2005Gahap6761, Seoul High Court Decision 2007Na49832, Supreme Court Decision 2008Da57081, hereinafter "the second lawsuit") D.

B On February 15, 2013, the Plaintiff made a false statement in the first lawsuit according to the direction of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, the purport of the whole pleadings

2. The cause of the action.

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