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(영문) 수원지방법원 평택지원 2018.12.18 2018가단2009
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. As a result of an investigation conducted by the Defendants filed a complaint with the Plaintiff, the Defendants were indicted for embezzlement of KRW 180,00,000 for free consumption of KRW 144,689,00 from April 16, 2013 to June 28, 2013 while the Plaintiff conspired with the Korea Electric Power Corporation in collusion with the Plaintiff and kept for F Village residents. The Plaintiff was indicted for embezzlement of KRW 144,689,00 for free consumption between October 16, 2013 and June 28, 201, from around October 13, 2011 to September 2, 2013, with KRW 10,60,00 for rent from G, K, L, and M, or for embezzlement of KRW 10,60,00 for use, such time as living expenses, or for whom the judgment of the Seoul High Court became final and conclusive (Seoul High Court’s dismissal of appeal 2017).

2. Determination

A. The Plaintiff’s assertion filed a false complaint with the Plaintiff, and the Plaintiff suffered emotional distress, such as being tried, and sought compensation for the amount of KRW 50,000,000.

B. Even if the complainant was indicted due to the suspected fact that the complainant filed a complaint and received a final and conclusive verdict of innocence, the complainant’s act cannot be deemed as constituting a tort unless it is based on intentional or gross negligence to the extent that the complaint is deemed an abuse of right.

(2) In light of the above legal principles, the Defendants’ act of the Defendants cannot be readily concluded solely on the ground that the Defendants’ act constitutes tort, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants’ complaint was either intentionally or by gross negligence to the extent that the Defendants’ abuse of right.

Therefore, it is true.

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