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(영문) 광주지방법원순천지원 2016.08.12 2016가단71536
손해배상(기)
Text

1. The defendant-Counterclaim plaintiff's counterclaim shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 9,400,000.

Reasons

I. Determination as to the principal claim

1. The plaintiff alleged that the plaintiff paid 7,400,000 won in total to the attorney-at-law fees due to the defendant's improper complaint. Since the plaintiff suffered serious mental distress in the process, the defendant is obligated to compensate the plaintiff for damages incurred by the tort including 13,00,000 won in total.

2. Determination

A. 1) The Defendant, as the mother C, is the mother C’s partner, is the Plaintiff’s external third village.

B) The Defendant, Inc. (hereinafter referred to as “Masung F&D”)

) “D New Construction Work” subcontracted by the Corporation (hereinafter “instant Construction Work”).

(C) On May 21, 2014, when re-subcontracting to the Plaintiff, the Plaintiff filed a complaint with the purport that “The Plaintiff voluntarily released KRW 105,000,000, which the Plaintiff had been deposited in the Defendant’s account as the construction cost, while working as the Defendant’s field engineer, and embezzled it.” The prosecutor belonging to the office of the World District Prosecutors’ Office of Gwangju District Office on October 27, 2014, on the ground that “the Plaintiff is not in the Defendant’s custodian of the said money as the instant re-contractor of the instant corporation,” and the Defendant filed a complaint against this, but the Prosecutor affiliated with the Gwangju High Prosecutor’s Office dismissed the Defendant’s appeal on December 9, 2014, which became final and conclusive on February 2015, which constituted a fine of KRW 1050,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 69, respectively.

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