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1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim extended by this court, is as follows.
Reasons
1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;
A. On October 23, 1980, the Plaintiff and C have three children as the legal couple who completed the marriage report on October 23, 1980.
B. C is a person operating cultural heritage repair business, and around April 2015, at D located in Incheon, the Defendant, the president of women’s association in the neighboring apartment that had been used as a lodging house, became aware of the fact that he/she started teaching system since around that time.
C. On July 27, 2015, after the Plaintiff became aware of the teaching system between C and the Defendant, the Plaintiff assaulted the Defendant on July 27, 2015, and got the shoulder and arms in need of two weeks’ treatment. On the same day, the Defendant assaulted the Plaintiff that “I have come to age and her husband, so I have the wind,” thereby impairing the Plaintiff’s face that requires two weeks’ treatment.
The plaintiff and the defendant received a summary order or judgment, which imposes a fine of one million won or more, due to each of the above injuries, and such summary order or judgment became final and conclusive. D.
The plaintiff above C.
A summary order of KRW 700,000 (Seoul District Court Decision 2016Da5900, May 13, 2016) is separately issued after being prosecuted on charges of impairing the defendant's reputation in the course of the assault described in the paragraph, and a summary order of KRW 700,000 (Seoul District Court Decision 201Da5900, May 13,
(Seoul District Court 2016 High Court 969). e.
On the other hand, the plaintiff filed a complaint against the defendant under intimidation, insult, or defamation, and the prosecutor of the Incheon District Prosecutors' Office issued a disposition of non-prosecution regarding the case.
(2016No. 37949). While the defendant filed a complaint with the Incheon Southern Police Station to dismiss the plaintiff during the course of the lawsuit in this case, the Incheon Southern Police Station did not prosecute the plaintiff's above suspicion (no suspicion) and sent it to the Incheon Southern District Prosecutors' Office.
In addition, the defendant filed a complaint with the Daegu Suwon Police Station on the charge of fraud, perjury, etc., and the Daegu Suwon Police Station is not prosecuted against the plaintiff's above suspicion (not guilty).