(영문) 춘천지방법원속초지원 2016.04.26 2015가단3220

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(영문) 춘천지방법원속초지원 2016.04.26 2015가단3220

위자료

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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 summary of the Plaintiff’s assertion is that the Defendant, even though Nonparty B was not insolvent, filed a lawsuit by subrogation, filed an application for provisional injunction against disposal of the right to collateral security established by the Plaintiff on the real estate B, and filed a lawsuit for registration of cancellation of the establishment of a mortgage (hereinafter collectively referred to as “related lawsuit”), thereby hindering the Plaintiff’s exercise of property right and causing emotional distress to the Plaintiff. Therefore, the Defendant is obligated to pay a solatium amounting to KRW 30 million.

2. Determination

A. Since the parties to the relevant legal doctrine and legal disputes seek a final settlement of the dispute to the court is an important issue related to the foundation of a rule of law, the right to a trial should be respected to the maximum extent possible. In determining whether the act of filing a lawsuit or the act of responding to a lawsuit constitutes a tort, careful consideration should be given so as not to unfairly restrict the use of the trial system.

Therefore, the filing of a lawsuit in order to seek the resolution of legal disputes is a legitimate act in principle, and it cannot be readily concluded that the filing of the lawsuit was a tort only with the fact that the complainant was finalized after the judgment against the plaintiff was rendered. However, from the perspective of the person who brought a lawsuit, the filing of a lawsuit is illegal, since it is forced to file a lawsuit and without any choice but imposes an economic and mental burden on the respondent, such as paying attorney's fees, and thus, it is illegal to bring an unreasonable burden on the respondent. Therefore, in a case where the judgment against the person who brought a civil lawsuit becomes final and conclusive upon the judgment against the plaintiff, the filing of the lawsuit against the other party is not a factual and legal basis, and it is readily known that the right or legal relation alleged by the complainant in the lawsuit in question is not a factual and legal basis, and if the

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