1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Defendant filed a complaint against the Plaintiff as defamation, and the Plaintiff was acquitted in the Gwangju District Court 2016No2962. The Defendant filed a false complaint against the Plaintiff and thereby inflicted property and mental damage on the Plaintiff, and the Defendant is obligated to compensate the Plaintiff for KRW 6,200,000 and KRW 5,000,000, such as the cost of attorney-at-law in criminal procedure.

2. Determination on the cause of the claim

A. In filing a complaint, accusation, etc., if the complainant knew or did not know of the existence of a crime against the defendant, etc. due to negligence, the complainant, etc. is liable to compensate for the damages suffered by the defendant, etc. due to such complaint, accusation, etc.

The judgment of innocence against a person who was prosecuted on the basis of complaint, accusation, etc. is final and conclusive, and the result of the criminal judgment of innocence alone cannot be readily concluded that the complainant had intention or negligence on the part of the complainant, etc., and the judgment of the complainant, etc. on the existence of intention or negligence must be determined in consideration of all the evidence and circumstances shown in the record based on the principle of good manager

(Supreme Court Decision 2006Da33241 Decided October 11, 2007). B.

According to Gap evidence Nos. 1, 2, 4, and 9, the defendant filed a complaint with the plaintiff on September 1, 2015 as defamation, and the plaintiff made a statement that "the representative of a fake Dong (the complainant B) who was illegally elected due to D's manipulation of illegal election (influence of secret ballot paper)" at the meeting of the representative of the occupants of the apartment building C on August 13, 2015, the plaintiff made a statement that "the representative of a fake Dong (the complainant B) who was illegally elected due to D's manipulation of illegal election shall sit at the representative of the Dong and bring about a fake representative and meeting at present." ② The defendant attached the written confirmation of the facts of residents confirming the contents of the plaintiff's statement to the above complaint; ③ the plaintiff at the meeting of the first floor apartment management office located in Dong-gu, Gwangju around 17:00 on August 13, 2015.