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(영문) 전주지방법원 2020.07.15 2018나13502
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added by this court is dismissed.

3...

Reasons

1. The Plaintiff asserted that B and C filed a complaint under suspicion of perjury (Article 2018-type 5614 of the former District Prosecutors' Office), but D, a police officer of the Defendant, had the Defendant investigate the above accusation case, abandon his duties by intentionally destroying evidence, etc., and by abusing his official authority, got the Defendant to be subject to a disposition of incompetence of suspicion (defluence of evidence) by abusing his official authority.

Therefore, the Defendant is obligated to pay KRW 63,627,60 as compensation for damages suffered by the Plaintiff due to the above illegal acts committed by police officers D, which was 652,790 won, which was acquired by the Defendant, 1,280,800 won, and 752,790 won, which was acquired by the defrauded, by fraud of KRW 1,280,80,000, which was acquired by the Defendant, to pay KRW 761,990, and KRW 761,990, and KRW 147,480, which was acquired by the E).

2. The evidence submitted by the plaintiff alone is insufficient to recognize that the police officer belonging to the defendant lost objective legitimacy and committed unlawful acts in the plaintiff's accusation case and investigation related thereto to the extent that it is deemed considerably unreasonable. The plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance, which dismissed the plaintiff's claim for damages and consolation money, is justifiable with this conclusion. Thus, all of the plaintiff's appeal and the above claims added by this court are dismissed as they are without merit. It is so decided as per Disposition.

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