logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.07.12 2016가단424
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim against the defendant B

A. On May 11, 2015, the Plaintiff and Defendant B, the gist of the Plaintiff’s assertion, together with one member of the other company’s club, carried out meals and drinking.

After the completion of the meal service, Defendant B proposed that the Plaintiff was more defective at his home, and the Plaintiff accepted the above proposal and entered the instant officetel with the said Defendant’s residence, and had sexual intercourse with two parties’ agreement.

Despite the above facts, Defendant B filed a false complaint with the police to the effect that the Plaintiff invadedd the instant officetel which is one’s own residence and raped himself in order to avoid the Defendant C’s execution of his male arrest. The Plaintiff was subject to a disposition by the prosecution that the Plaintiff was not suspected of having been subject to an investigation for six months due to the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of Residence Rape).

The plaintiff was forced to retire from the company accompanying the above case against the will of the company, and was in a position for 7 months and 20 months until the company again sought work.

In addition, the Plaintiff was under investigation by the investigative agency for a long time due to the instant case, and was suffering from mental distress, such as suffering from uneasiness close to the public disorder.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 9,402,550, which is the amount of damages for lost work equivalent to the amount of benefits for the period of the above period of the actual work (=average wage of KRW 1,839,630 x 7 months of the period of the actual work x 20 days of the previous company x (1 - 1/3 of the living expenses) x 5,00,000, which is the consolation money for mental damages) and damages for delay.

B. In the filing of a complaint, accusation, etc., if the complainant knew or did not know of the existence of a crime against the accused, etc. due to his/her negligence, the complainant, etc. is liable to compensate for the damages suffered by the accused, etc. due to

In this case, the judgment of innocence has become final and conclusive against the person who was prosecuted on the charge of accusation, etc.

arrow