(영문) 의정부지방법원고양지원 2015.11.18 2013가단47166

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(영문) 의정부지방법원고양지원 2015.11.18 2013가단47166

손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion ① (a) the Defendant threatened the Plaintiff on July 2010, that “I would cause bomb to kill the Plaintiff, and kill it without knowing it,” and thus, the Plaintiff is obligated to compensate for the amount of KRW 1,570,00,00 for mental and drug treatment costs due to symptoms such as depression and apprehensions. (b) The Defendant filed a complaint against the Plaintiff as a suspicion of defamation, but the judgment of innocence against the Plaintiff was final and conclusive on July 21, 2012; and (c) the Defendant received a criminal trial against the Plaintiff for two years, and thereby caused the Plaintiff to move into bom. Accordingly, the Defendant is obligated to compensate for the amount of KRW 38,40,000 from lost earnings (= KRW 80,000 per day 80,000 x 480 days).

2. Determination:

A. Since there is no evidence to acknowledge that the Defendant made a threat to the Plaintiff around July 2010, “I would dump the bomb to kill the bomb and kill the bomb.” This part of the Plaintiff’s assertion is without merit.

B. Comprehensively taking account of the statement and the overall purport of the argument as to the evidence No. 1, the fact that the Defendant’s judgment of innocence was rendered on July 13, 2012 and became final and conclusive on July 21, 2012 (Korean Government District Court Decision 2012No871), but it cannot be readily concluded that the Defendant committed intentional or negligent act on the part of the complainant, etc. solely based on the criminal judgment of innocence, on the ground that the judgment of innocence became final and conclusive on the charge of accusation and accusation, etc., and that the Defendant received a summary order of KRW 70,000 against the above suspicion of defamation (Korean Government Branch Branch Branch Court Decision 2010Da13574). Thus, this part of the Plaintiff’s assertion is without merit.

3. If so, without examining further the scope of damages, the Plaintiff’s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

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