(영문) 인천지방법원 2018.12.13 2018나62464

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.12.13 2018나62464

손해배상(기)

Text

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.

Reasons

1. The Plaintiff asserts that the Defendant brought a lawsuit claiming compensation for damages against the Plaintiff unfairly, attached the Plaintiff’s real estate to the real estate owned by the Plaintiff, thereby causing time and mental damage to the Plaintiff, and that the Defendant suffered economic damage to dispose of the Plaintiff’s real estate at a price lower than the market price due to the Defendant’s provisional attachment, and sought payment of KRW 4.4 million as compensation for damages.

Since the parties to a legal dispute seek a final settlement of the dispute to the court is an important issue related to the foundation of the rule of law, the right to a trial shall be respected to the maximum extent possible, and in determining whether the filing of a lawsuit or the filing of a lawsuit constitutes a tort, careful consideration should be given so that it does not result in an unreasonable restriction on the use of the trial system at least. Therefore, filing a lawsuit to seek the settlement of a legal dispute is a legitimate act in principle, and it cannot be readily concluded that the filing of the lawsuit was a tort just because the lawsuit has been determined by the judgment against the

However, on the other hand of the person who has filed a lawsuit, there may be cases where the institution of a lawsuit, which causes unfair burden to the respondent, may be illegal, such as coercion of the lawsuit and disbursement of the attorney's fees, etc. Therefore, in a case where a judgment against the party who has filed a civil lawsuit becomes final and conclusive, the filing of the lawsuit against the other party is illegal. The purport of the trial system, such as filing a lawsuit, despite the knowledge of the fact that there is no factual and legal basis for the rights or legal relations alleged by the complainant in the lawsuit in question, and if the complainant is aware of such fact or if he/she is ordinary, he/she can easily do so.

유사 판례

-인천지방법원 2016.07.15 2016가단211025

-춘천지방법원속초지원 2016.04.26 2015가단3220

-서울북부지방법원 2017.11.29 2017가단8910

-서울중앙지방법원 2018.08.22 2018가합508767

-수원지방법원 2018.01.11 2016나18064