logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.02.03 2014가단12314
무고에대한 손해배상
Text

1. Each claim filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B, Defendant C, and D, and the Defendant (Counterclaim Plaintiff) B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The fact that the plaintiff, who was the representative of Jung-gu, Seoul, has no dispute, was indicted on April 27, 2009, at the above apartment management office around 10:50 on or around April 27, 2009, that the defendant B, the president of women's association of the above apartment complex, was situated in the City from sunrise to sunrise market, and the defendant B's arms were put in elbow face with his arms and face with his elbow face, etc., for two weeks of treatment to the defendant B (hereinafter "the case of injury of this case"). (hereinafter "the case of injury of this case"), which was charged as the "the case of injury of this case"), the Seoul Northern Northern District Court 2009DaMa29888 (hereinafter "the criminal case of this case").

) The Plaintiff was sentenced to a fine of KRW 500,000. The Plaintiff appealed, but on July 28, 2010, rendered a judgment dismissing an appeal (Seoul Northern District Court 2010No300, the Seoul Northern District Court 2010No300. The Plaintiff appealed, but on August 13, 2010, notified the Plaintiff of the decision dismissing an appeal, and the said judgment of the first instance court became final and conclusive on August 24, 2010.

2. Determination as to Defendant B’s main defense

A. As to the instant case claiming damages against Defendant B by asserting that Defendant B committed an unlawful act, such as non-appeal, against the Plaintiff in relation to the instant injury case, Defendant B filed a lawsuit against Defendant B for the same reason, and again brought a lawsuit against Defendant B, which had been concluded while the lawsuit was in progress, and thus, the instant lawsuit is unlawful as it goes against the res judicata, and thus, defense is unlawful.

B. On March 10, 2010, the Plaintiff filed a lawsuit claiming damages (hereinafter “previous lawsuit”) against Defendant B on March 10, 2010, Seoul Northern District Court 2010Da31670, and Defendant B filed a counterclaim (2010Dada81415) and the conciliation was concluded on July 6, 2010 that “the Plaintiff and Defendant B waives all their claims,” while the written evidence No. 3 alone, the cause of the previous lawsuit is the cause of the claim in the instant lawsuit.

arrow