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(영문) 대구지방법원김천지원 2015.11.26 2014가단9966
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The plaintiff is a person who arranges the clan of C (hereinafter referred to as the "family clan of this case"), and the defendant is a member of the clan of this case.

B. On March 14, 2010, the Defendant began to file a lawsuit against the members of the clan in order to find out the real estate left by the Defendant’s father. At the time of the instant lawsuit, the Defendant requested the Plaintiff, who was the president of the instant clan, but refused to accept the request by the Plaintiff, and began to file a criminal complaint against the Plaintiff several times from June 10, 201.

C. As to the Defendant’s criminal complaint case, the Plaintiff was subject to a disposition that was not suspected of being inconsistent with evidence, the Plaintiff was not entitled to prosecution due to the completion of the statute of limitations, and was dismissed.

The defendant, with the intention of receiving criminal punishment for the plaintiff, has filed a false complaint continuously and repeatedly, has damaged the plaintiff's reputation and caused time and monetary damage, and has caused mental and physical pain.

E. Therefore, the Defendant is obligated to pay the Plaintiff the attorney’s fees of KRW 2.5 million and consolation money of KRW 35 million in total, KRW 37.5 million and delay damages therefrom, which are paid by the Plaintiff in the above criminal case as compensation for damages caused by tort.

2. It is difficult to readily conclude that the Defendant intentionally made a false assertion contrary to the fact with the intention of having the Plaintiff subject to criminal punishment, even though the Defendant was found to have filed a criminal complaint against the Plaintiff several times, solely based on the descriptions of the evidence Nos. 1 and 11 (including each number number).

(B) The Plaintiff filed a criminal complaint against the Defendant for a part of the case against which the Defendant filed a criminal complaint against the Plaintiff (which was subject to criminal punishment). Rather, according to the written evidence Nos. 14 and 15, the Plaintiff filed a criminal complaint against the Defendant for the crime of false accusation, but the Defendant was found to have been subject to criminal punishment against the Defendant due to the lack of evidence.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

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