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(영문) 서울북부지방법원 2015.06.12 2014가단12321
법정 모해위증에 따른 손해
Text

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

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 27, 2009, the Plaintiff, the representative of the Seoul Jung-gu D apartment, was indicted under the above apartment management office around 10:50 on April 27, 2009, and was sentenced to a fine of KRW 500,00 on February 4, 2010 to a fine of KRW 50,000,00,000, in the above apartment management office, as the issue of the market from sunrise to sunrise. The Plaintiff, the president of the above apartment, as the president of women’s association, was put in arms of Defendant B and faces the elbow in his arms and face of Defendant B for two weeks (hereinafter “the instant injury case”).

B. The Plaintiff, who was dissatisfied with the above judgment, appealed as 2010No300, but was sentenced to the dismissal on July 28, 2010. The Plaintiff appealed to the Supreme Court on August 13, 2010, but was notified of the decision dismissing the appeal to the Plaintiff on August 13, 2010, and the judgment of the first instance became final and conclusive on August 24, 2010.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. Determination as to Defendant B’s defense prior to the merits

A. As to the instant case for which the Plaintiff claimed damages by asserting that Defendant B conspiredd against the Plaintiff in relation to the instant injury case, Defendant B filed a lawsuit against the Defendant B for the same reason [this Court Decision 2010Da31670 (principal lawsuit), 2010 Ghana815 (Counterclaim)] on the part of the Plaintiff, the Plaintiff had withdrawn the lawsuit, and entered a written pledge that he would no longer make any claim against the Defendant B, and that the Plaintiff and the Defendant renounced their respective claims in accordance with the written pledge, and the Plaintiff and the Defendant filed the lawsuit again in this case, even though the conciliation was established to waive their respective claims. The lawsuit in this case is unlawful against the agreement on the non-litigation.

B. The judgment health room, the Plaintiff’s damages against Defendant B on March 10, 2010, the Seoul Northern District Court 2010Da31670.

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