1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff is a creditor who lent KRW 40,000 to the Defendant.

B. The Defendant’s failure to repay the above debt, and the Plaintiff demanded due payment and demanded debt collection.

C. Nevertheless, the Defendant filed a criminal complaint with the Plaintiff on three occasions in bad faith due to the charge of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., defamation, and the Act on Fair Collection of Claims, and issued a final decision that all of the above criminal charges were suspected.

The plaintiff suffered mental loss due to the defendant's malicious criminal complaint, and the defendant is obligated to pay consolation money of KRW 30,000,000 and delay damages to the plaintiff.

2. Where, in making a judgment, accusation, accusation, etc., the accused, etc. knew or did not know to the accused, etc. that there was no criminal charge, by negligence, the accused, etc. is liable to compensate for the damages suffered by the accused, etc. due to such accusation or accusation;

The judgment of innocence against a person who was prosecuted on the basis of complaint, accusation, etc. is final and conclusive, and the result of the criminal judgment of innocence alone cannot be readily concluded that the complainant had intention or negligence on the part of the complainant, etc., and the judgment of the complainant, etc. on the existence of intention or negligence must be determined in consideration of all the evidence and circumstances shown in the record based on the principle of good manager

(See Supreme Court Decision 2007Da3650 Decided June 23, 2009, etc.). With respect to the instant case, it is insufficient to find that the Defendant either knew or was negligent in not having known that the Plaintiff had no criminal charge, while filing a criminal complaint against the Plaintiff, and there is no other evidence to acknowledge otherwise.

According to the statements of Gap evidence Nos. 5-1 through 3, the investigative agency's criminal complaints against the defendant's criminal complaints are inconsistent with evidence.