1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. After entering into a C insurance contract with the Defendant on March 17, 2009 (hereinafter “instant insurance contract”), the Plaintiff was hospitalized for a total of 124 days from July 26, 2013 to April 13, 2015 on the grounds of blood diversism, etc.

B. The Defendant filed a complaint with the Incheon Gyeyang Police Station on the charge of fraud on the Plaintiff’s above treatment, stating that “the Defendant has the purpose of repeatedly acquiring insurance proceeds for a long time due to a minor disease without the necessity of hospitalization.”

C. The Plaintiff was prosecuted as a crime of fraud as stated in the attached Form (In Incheon District Court Decision 2016Da8242), and the Incheon District Court rendered a judgment of innocence on May 3, 2018, and the Prosecutor appealed on the appeal, but the judgment of the first instance became final and conclusive on August 17, 2018 (In Incheon District Court 2018No1441).

[Ground for Recognition: Unsatisfy, Entry of Gap evidence 1 (including paper numbers), the purport of whole pleadings]

2. Determination on the cause of the claim

A. The defendant's malicious complaint seeking not to pay the plaintiff's alleged insurance money was suffered economic loss and mental suffering during the investigation and trial for two years.

Therefore, the defendant is obligated to pay 30 million won to the plaintiff as consolation money for tort.

B. In filing a complaint, accusation, etc. of the relevant legal doctrine regarding 1, if the complainant knew or did not know of the existence of a criminal charge to the accused, etc. by negligence, the complainants, etc. are liable to compensate for the damages suffered by the accused, etc. due to such complaint, accusation

The judgment of innocence against a person who was prosecuted on the basis of complaint, accusation, etc. is final and conclusive, and only the result of the criminal judgment of innocence cannot be readily concluded that the complainant had intention or negligence, and the judgment of the complainant's intention or negligence shall be based on the principle of good manager's care and record.