2010Na4560 Damages

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OO in case of women's water

Gwangju District Court Decision 2009Gadan22826 Decided May 12, 2010

November 17, 2010

December 15, 2010

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant shall pay to the plaintiff 10 million won with 5% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of the pronouncement of this case and 20% interest per annum from the next day to the day of full payment.

2. Purport of appeal

In the judgment of the court of first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be filed.

1. Basic facts

가. 피고( 이◆◆에서 이□■로 개명하였다)는 원고를 상대로 광주지방법원 순천지원 여수시법원 2005가소25591호로 대여금 청구사건을 제기하여 2006. 5. 18. 일부 승소판 결을 받았는데, 이에 대하여 원고가 항소하여 광주지방법원 2006나6047호로 항소심이 진행되었다.

B. On April 4, 2007, the trial date of the above appellate trial, the defendant's pro-con witness was present and testified. The above appellate court rendered a judgment of accepting part of the claim. The plaintiff appealed, but the judgment of the appellate court became final and conclusive as it became final and conclusive after the appeal was dismissed.

C. Since then, the Plaintiff filed a complaint with the Defendant on the fact that the Defendant had forged and exercised the content of the interest payment under the Plaintiff’s name, which was submitted as evidence in the above civil trial, and as a result, the Defendant received a summary order from the Gwangju District Court 1,000 branch court for the crime of forging private documents and uttering of the above investigation documents.

D. In addition, the Plaintiff filed a complaint with the purport that he/she had been present as a witness on the trial date of the above civil trial, and that he/she instigated her to commit perjury, which became final and conclusive upon being convicted of perjury and perjury.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The parties' assertion

(1) The plaintiff asserts that the defendant should pay 100 million won as consolation money to the plaintiff, since the defendant committed a tort, such as forging and exercising private documents under the name of the plaintiff, and aiding and abetting perjury, which caused severe mental suffering.

(2) As to this, the defendant asserts that the consolation money claimed by the plaintiff is too excessive even if the defendant's tort liability is recognized against the plaintiff, as well as that there is no room for the defendant to forge or instigate a private document under the name of the plaintiff.

3. Determination

(1) Therefore, unless there are special circumstances where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial due to the fact-finding evidence, the facts that the criminal judgment already became final and conclusive as to whether the defendant's tort is recognized or not are not bound by the fact-finding in the criminal trial, and even if it is not under the civil trial, it shall be deemed that the facts opposed thereto cannot be acknowledged unless there are special circumstances that it is difficult to adopt a factual judgment in the criminal trial in light of other evidence submitted in the civil trial (see, e.g., Supreme Court Decisions 97Da24276, Sept. 30, 1997; 69148, 69155, Feb. 14, 2008). Thus, the defendant's act of forging the defendant's private document and the crime of uttering of the above investigation document, and the defendant's act of causing mental harm to the plaintiff's above defendant's criminal defendant's tort constitutes a long-term criminal act.

(2) Furthermore, with respect to the amount of consolation money that the Defendant is liable for compensation, it is reasonable to determine consolation money for mental suffering as KRW 5,000,000 in consideration of the following factors: (a) the process and result of the civil and criminal cases between the Plaintiff and the Defendant; (b) the Plaintiff’s age, occupation, income, and all other circumstances revealed in the argument

Therefore, the Defendant is free to pay to the Plaintiff 5,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 29, 2010 to May 12, 2010, which is the date of the first instance judgment, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Transmission until the date of full payment, as sought by the Plaintiff.

4. Conclusion

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Masungwon (Presiding Judge)

Mahee-hee

Rule 5