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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The gist of the plaintiff's assertion is that the defendant did not establish the defendant's claim against the plaintiff and the representative director registered on the corporate register was lawfully made, notwithstanding the fact that it filed a complaint against the plaintiff on the ground of fraud, false entry and use of the original copy of a notarial deed, evasion of compulsory execution, violation of the Resident Registration Act, etc., and damaged the plaintiff's reputation by spreading false facts, such as the plaintiff's non-existence of an employee relationship, and thus, the defendant is liable to pay 21 million won as consolation money and delay damages to the plaintiff.
2. The act of the complainant cannot be readily concluded as tort unless it is based on intention or gross negligence to the extent that the accusation is deemed abuse of right, even though the complainant received a disposition without suspicion due to the suspected facts against which the complainant filed a complaint, or was prosecuted and a final and conclusive verdict of innocence was rendered due to the suspected facts.
(See Supreme Court Decision 2005Da29481 Decided April 28, 2006, etc.). The health care team and the defendant's side issued a disposition that the plaintiff's accusation against the false entry, etc. in the authentic copy of the authentic deed as evidence is not a dispute between the parties. However, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant's accusation is an abuse of the right to file a complaint by intention or gross negligence, and there is no other evidence to prove that the defendant spreads false information and thereby impairs the plaintiff's reputation.
3. The plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just with this conclusion, and the plaintiff's appeal is dismissed.