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(영문) 서울남부지방법원 2021.01.19 2019가단273067
대여금반환 등
Text

The plaintiff's claim against the defendants is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are middle school Dongs, and the Defendants are between themselves.

B. On November 2018, Defendant B filed a complaint with the Plaintiff (hereinafter “instant complaint”) due to the charge of an indecent act by force against the following facts with an investigative agency around November 2018.

The plaintiff, around 18:00 on November 19, 2014, at the house of Seodaemun-gu Seoul, Seodaemun-gu, and defendant B, at around 18:00, walked with the defendant B, with the defendant B, without the intention of the defendant B, who went back from the toilet, and sitd with the defendant B without rhythming his sexual organ towards the defendant B, with the intention of the defect of sexual intercourse.

Along at a low time, I am special, I am special, and I am special. I am special, I am special, I am special, I am special. I am special, I am special, I am special. I am special, I am special. I am special, I am special.

As a result, the plaintiff caused the injury to the defendant B by the number of days of treatment due to the injury to the defendant B and the unknown injuries.

(c)

On July 9, 2019, the Plaintiff was subject to a non-prosecution disposition by a public prosecutor of the Seoul Southern District Public Prosecutor's Office (insufficient evidence).

Defendant B appealed against the above non-prosecution disposition, but the appeal was dismissed.

[Ground of recognition] Unsatisfy, Gap evidence 3-1 and 2-1 and the purport of the whole theory

2. Determination on the cause of the claim

A. Although the gist of the Plaintiff’s assertion did not constitute an indecent act by force against Defendant B, the Defendants conspired with the Plaintiff to prosecute the Defendant against the injury resulting from an indecent act by force.

As a result, the plaintiff suffered a serious mental suffering.

Therefore, the Defendants jointly have the obligation to jointly pay the Plaintiff the solatium amounting to KRW 50,000,000 and the delayed damages for the emotional distress suffered by the Plaintiff due to the aforementioned tort.

B. The Defendant’s complainant was subject to an investigation due to the suspected fact that the complainant filed a complaint and was subject to an investigation.

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