1. The plaintiff's claim is dismissed.

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

1. On October 31, 201, the Plaintiff’s summary of the Plaintiff’s assertion: (a) borrowed KRW 30,000,000 from the Defendant (hereinafter “the instant money”) from the Defendant on March 31, 201; and (b) borrowed interest at a rate of 5% per month; (c) failed to repay the principal and interest even after the said maturity.

The plaintiff provided the fishery right and fishing vessel (hereinafter referred to as "the fishery right and fishing vessel of this case") to the defendant as security at a value sufficient to recover the principal and interest in order to guarantee the above repayment obligation, but the defendant filed a complaint against the plaintiff by fraud, and made a false statement and testimony in investigation and trial proceedings.

After filing a public prosecution, the plaintiff was acquitted by the court at the end of the 11-month public prosecution, and the above judgment became final and conclusive as it is.

The defendant's filing of an unfair criminal complaint and allowing the plaintiff to undergo investigation and trial over a long period of time constitutes a tort. Thus, the defendant is obligated to pay 20,100,000 won and delay damages to the plaintiff as part of consolation money for mental suffering suffered by the plaintiff during the above period.

2. In filing a complaint, accusation, etc., if the complainant, etc. 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 against a person prosecuted on the charge of accusation, etc. is final and conclusive, and the result of the criminal judgment of innocence cannot be readily concluded immediately that the complainant had intention or negligence, etc., and the judgment of the complainant's intention or negligence should be determined in consideration of all the evidence and circumstances shown in the record, based on the good manager's care.

(See Supreme Court Decision 95Da45897 delivered on May 10, 1996). In light of the above legal principles, the Defendant filed a complaint against the Plaintiff on the charge of fraud.