1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420

2. The reasoning of this part of the plaintiffs' assertion is that of the first instance judgment.

Since paragraph (4) is the same as that of the 4th through 5th, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. In filing a complaint, accusation, etc., if the complainant knew or did not know of the existence of a crime against the defendant, etc. due to negligence, the complainant, etc. is liable to compensate for the damages suffered by the defendant, etc. due to such accusation or accusation.

In this case, the judgment of innocence against a person prosecuted on the charge of accusation, etc. is final and conclusive, and the result of the criminal judgment of innocence cannot be readily concluded immediately that the complainant had intention or negligence, etc., and the judgment of the complainant's intention or negligence should be determined in consideration of all the evidence and circumstances shown in the record, based on the good manager's care.

(See Supreme Court Decision 2006Da33241 Decided October 11, 2007, and Supreme Court Decision 95Da45897 Decided May 10, 1996, etc.). Furthermore, even if the defendant was indicted for the suspected facts accused by the complainant and was rendered a final and conclusive verdict of innocence, insofar as the accusation is not based on intentional or gross negligence to the extent that it can be deemed as abuse of right, the complainant’s act cannot be deemed as constituting tort.

(See Supreme Court Decision 2005Da29481 Decided April 28, 2006, Supreme Court Decision 95Da21211 Decided September 5, 1997, etc.). B.

In this case, on June 2, 2007, the defendant and I filed a complaint against the plaintiff B with the investigative agency on the fraud of the new franchise fund of this case, the plaintiff B was sentenced to a verdict of innocence in the appellate court related criminal case, and the prosecutor's appeal was dismissed and the judgment of innocence became final and conclusive.