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(영문) 청주지방법원 2018.02.02 2017나15257
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 defendant.

Reasons

1. Assertion and determination

A. The summary of the Plaintiff’s assertion presented as evidence a confirmation of the fact that the Defendant was prepared (hereinafter “fact-finding confirmation”) in the Cheongju District Court 2016Gau20422 (hereinafter “relevant case”) that the Plaintiff filed against C, the Cheongju District Court 2016Gau202 (hereinafter “relevant case”).

However, the defendant entered false facts in the confirmation document for the purpose of causing harm to the plaintiff, and received treatment due to mental suffering.

The plaintiff who partly lost in the related lawsuit lost his/her will to work due to the lack of mental suffering from the defendant, and thereby caused the plaintiff's loss to his/her private teaching institute business by making a false answer to the plaintiff.

Although the Defendant anticipated that the Plaintiff’s operating loss would occur, the Defendant is obligated to pay the Plaintiff KRW 1,065,000 (=the medical expenses of KRW 65,000 for consolation money of KRW 1,00,000) as compensation for damages.

B. In the relevant case, the fact that C submitted the confirmation document prepared by the Defendant to the court as evidence is not disputed between the parties, and according to the Gap evidence No. 1, the content of the confirmation document can be acknowledged as shown in the attached Form.

However, it is not sufficient to acknowledge that the contents of the evidence No. 2 and No. 4 submitted by the Plaintiff were false, thereby impairing the Plaintiff’s character and honor, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion based on this premise is without merit.

2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

In conclusion, the judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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