1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the managing director of the C&C corporation, who was the head of the overall responsible supervision of the D&D corporation (hereinafter “instant construction”). The Defendant is the project executor of the instant construction project.

B. On October 1, 2013, the Defendant, including the Plaintiff, filed a criminal charge with the Incheon District Prosecutors’ Office on charges of violating the Construction Technology Management Act and obstruction of the performance of justice by fraudulent means, etc., and after the investigation by the investigation agency, the Incheon District Prosecutors’ Office was prosecuted by the Defendant. The first instance court rendered a judgment of innocence against the Defendant, and the judgment of innocence became final and conclusive through the appellate court and the final appeal.

(See Supreme Court Decision 2014Da5831 Decided April 21, 2016, Supreme Court Decision 2016No1468 Decided May 18, 2017, and Supreme Court Decision 2017Do7953 Decided March 29, 2018). [Grounds for recognition] There is no dispute, Gap evidence 1 through 4, Eul evidence 1 through 3, Eul evidence 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment that the defendant made an erroneous accusation against the plaintiff as a result of the defendant's wrong interpretation of the relevant laws and regulations, and therefore, the plaintiff was negligent in the defendant, and the plaintiff suffered severe mental damage, such as receiving a long-term trial at an investigative agency several times, and thus, the defendant is obligated to pay consolation money to the plaintiff as well as delay damages. In filing a complaint, accusation, etc., if the defendant knew or was negligent in not knowing that the defendant was not guilty of a crime, the complainant, etc. is liable to compensate for the damage suffered by the defendant, etc. due to such complaint, accusation, and accusation.

In this case, the judgment of innocence against a person who was prosecuted on the complaint, accusation, etc. has become final and conclusive, and only the result of the criminal judgment of innocence cannot be readily concluded that the complainant was intentional or negligent, and the complainant has filed a complaint.