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(영문) 인천지방법원 2016.07.15 2016가단211025
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted as follows.

In other words, the Defendant filed a suit against Plaintiff A and B with the Incheon District Court No. 2015da214553, Plaintiff C and D with the same court No. 2015Gahap5307, and Plaintiff E with the same court No. 2015Gadan215327.

As a result, the plaintiffs suffered from the loss or mental damage equivalent to the attorney's fees, medical expenses, daily allowances due to the attendance of the court, and thus, they seek against the defendant for the payment of the above damages amounting to five million won and the delay damages therefrom.

2. In order for the parties to a dispute to seek a final settlement of the dispute against the court is an important issue related to the foundation of the rule of law, the right to be tried should be respected to the maximum extent. 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 that it does not result in unreasonably restricting the use of the trial system. Therefore, in principle, filing a lawsuit in order to seek a settlement of a legal dispute is a legitimate act in principle, and it cannot be readily concluded that the lawsuit was a tort solely on the ground that the complainant was finally decided against the judgment against the lawsuit. However, from the perspective of the party who has filed the lawsuit, there may be cases where the lawsuit was illegal, such as forcing the respondent to file the lawsuit and paying attorney's fees for that purpose. Accordingly, in case where the judgment against the person who has filed the lawsuit becomes final and conclusive, the lawsuit against the other party to the lawsuit has no right or legal relation, and there is no such factual basis as the claimant's assertion against the other party to the lawsuit.

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