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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On March 23, 2014, the Plaintiff and the Defendant asserted on the ground that, around 12:10 on March 23, 2014, the Defendant was making a sudden stop before the Plaintiff’s driver’s car while driving the 76-lane in front of the Gu-U.S. Army.
B. The Defendant reported that the Plaintiff was assaulted by the Plaintiff during the aforementioned dispute process with the Gyeong-gu Police Station. The Plaintiff was indicted as Daegu District Court Kimcheon-gu 2014No379 on September 17, 2014, on the following purport: “The Defendant had satisfed three-time satisfing the Defendant’s satch, thereby leading the Defendant to a satisfying of a chest electric wall that requires treatment for about two weeks.” However, the said court acquitted the Plaintiff on September 17, 2014.
C. Accordingly, the Prosecutor appealed with Daegu District Court 2014No3546 and filed an application for permission to amend the indictment to the effect that “the Defendant’s act of flabing and assaulting the Defendant’s flab,” but the said appellate court rendered a judgment not guilty of the changed charges on July 16, 2015, and the said judgment became final and conclusive around that time.
(hereinafter collectively referred to as "related criminal case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 22 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 9 and 10, and the purport of the whole pleadings.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion was that the Defendant reported the Plaintiff as a crime of injuring the Plaintiff to the Gyeong-gu Police Station without having been abused by the Plaintiff. On August 27, 2014, the Defendant appeared in the court as a witness and proved that “the Plaintiff was assaulted by the Plaintiff.”
Since the plaintiff suffered mental damage due to the above accusation and perjury by the defendant, the defendant is obligated to pay consolation money of 15 million won and delay damages to the plaintiff as compensation for damages.
B. The Defendant 1 was indicted on the charge of the accusation by the complainant and became final and conclusive as to not guilty.