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1. The Plaintiff (Counterclaim Defendant) paid KRW 13,500,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 30, 2014 to November 24, 2016.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff and the Defendant were each spouse (However, the Defendant was de facto marital relationship), and the Defendant visited the convenience store operated by the Plaintiff from 2011 to the customers of the convenience store, thereby stockpiling friendship among them.
From October 2013 to June 2014, the Defendant and the Plaintiff continued to have a sex relationship for the first time.
B. On June 15, 2014, the Plaintiff reported the Defendant to rape and during the marriage (hereinafter “instant report”). Accordingly, the Defendant was released from detention on July 10, 2014 when the emergency arrest was at around 10:00 of the same month.
On August 27, 2014, the Seoul Northern District Prosecutors' Office (hereinafter "Seoul Northern District Prosecutors' Office") issued a non-prosecution on the charge of the defendant.
(2) On June 15, 2014, around 14:00 on June 15, 2014, the Plaintiff reported the content of damage to the effect that “The police officer in charge of the investigation team for victims of sexual assault, in the Nowon Police Station located in Nowon-gu, Seoul Special Metropolitan City, shall be in charge of the Defendant’s exclusive investigation team for victims of sexual assault: (a) the Defendant rapes the Defendant several times at the mother telecom, etc. located in the police station located in the police officer from the middle of November 2013 to June 6, 2014; and (b) the Plaintiff withdrawn money from the Defendant several times from the around February 10, 2014 to June 6, 2014.”
However, in fact, the Plaintiff was sexual intercourse with the Defendant on November 2013 under the agreement with the Defendant, and the Defendant did not rape the Plaintiff or borrow money from the Plaintiff.
The Plaintiff reported the aforementioned false facts and dismissed the Defendant.
C. On August 27, 2014, the Plaintiff was prosecuted for the instant report as follows. On August 18, 2016, the Plaintiff was sentenced to a suspended sentence of two years for a year (hereinafter “relevant criminal judgment”) by being sentenced to imprisonment with prison labor for not being sentenced to imprisonment by the Seoul Northern District Court 2014Kadan2832, and was appealed.
The defendant received criminal compensation amounting to KRW 2 million for the period of detention for 20 days.