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(영문) 대구지방법원 2018.08.23 2018나969
손해배상(기)
Text

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. The gist of the Plaintiff’s assertion was that the Plaintiff did not assault C, and on April 13, 2017, the Defendant appeared as a witness at the Seongbuk Police Station, stating that “On March 10, 2017, at the time when the Plaintiff passed the 8 p.m. market price on March 10, 2017, the Defendant appeared as a false witness, stating that “The Plaintiff was at the right drinking from the community hall located in the Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, the Plaintiff was at the right drinking of C, and C

As a result, the Plaintiff was punished by imprisonment with prison labor for ten months from the public prosecutor in the criminal trial for the crime of injury against C, and was punished by a fine of two million won. Accordingly, the Plaintiff sought compensation for damages against the Defendant for the above mental distress, and sought compensation for damages for the amount of twenty million won and delay damages.

2. According to the reasoning of the judgment below, Gap evidence No. 1, the defendant was present at the Sung-gu Police Station on April 13, 2017 as a witness for the plaintiff's injury to Eul and stated as a statement as asserted by the plaintiff.

However, even though the result of each fact inquiry about Gap evidence Nos. 1 through 4 and about the head of the first instance court's Sung-Eup and the head of the Daegu regional headquarters of the National Health Insurance Corporation does not have any assault by the plaintiff, it is insufficient to recognize the fact that the defendant made a false statement as if the plaintiff was a witness of the assault committed by Eul, and there is no other evidence to recognize it (the same shall apply to the case where the plaintiff presented materials on July 23, 2018). The plaintiff's assertion on this premise is without merit without any need to further examine it.

Rather, according to the purport of the entire pleadings, the Plaintiff convicted the Defendant of the crime of injury, which read, on August 31, 2017, “Around March 21, 2017, the Plaintiff committed an injury to the victim C, i.e., the victim C’s face impairment and strawing, etc., for about 14 days, by taking the victim’s face at the middle 3-ri community hall located in the 30-ri-ri, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, about 10 days.”

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