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(영문) 부산지방법원 2015.02.13 2014나44083
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne by each party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is the representative of the 6th floor of Seo-gu, Busan, and the defendant was the representative of the 10th floor of the above apartment.

B. On October 17, 2011, the Defendant submitted a written complaint to the Busan Western Police Station stating that “the Defendant assaulted the Defendant in light of the Defendant’s right eye with the Plaintiff’s view to leaving the Defendant’s walked around September 20, 201,” and the Busan Busan District Prosecutors’ Office on January 31, 2012, on the ground that “it is difficult to recognize the facts constituting a crime because the Plaintiff’s and the Defendant’s witness’s statement are contrary to the Defendant’s statement,” the Defendant was not subject to a disposition of non-prosecution on the ground that it is difficult to acknowledge the facts constituting a crime.

C. Accordingly, the Plaintiff filed a complaint against the Defendant on the charge of false accusation, but the Busan District Prosecutors’ Office rendered a non-prosecution disposition on February 10, 2014 on the ground that “it is difficult to readily conclude that there was no assault itself, and it is difficult for the Defendant to readily conclude that there was no physical contact with the Plaintiff by falsity, even if there was no false contact with the Plaintiff.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 11, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion ① although the defendant did not have assault against the plaintiff, the defendant submitted to an investigative agency a letter of complaint containing false facts that the plaintiff suffered injury to the plaintiff for the purpose of criminal punishment. ② The defendant allowed the representative of the apartment's representative council to make a decision on the expulsion disposition of representative by the floor against the plaintiff on the ground that "the plaintiff abused the defendant," because he met with the representative of the apartment's representative council by an illegal method, such as entertainment, etc., and caused the plaintiff to not attend the council of occupants' representatives.

Since the defendant committed the above illegal act and infringed the plaintiff's personality right, the defendant should pay consolation money of KRW 10,000 to the plaintiff.

B. Determination 1) The above argument No. 1) The defendant's appellant is subject to investigation due to the fact that the complainant filed a complaint.

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