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(영문) 수원지방법원 2017.12.14 2016가단518990
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff, as a general secretary of the D Class D clan (hereinafter “the instant clan”) managing the instant clan’s property with the president E. The Plaintiff recently sold the proceeds of selling the real estate owned by the clans Association.

B. Defendant B and F filed a complaint with the Plaintiff by pointing out false facts that the Plaintiff embezzled money owned by the Plaintiff, which is not a member of the instant clan clan but a subordinate group, and Defendant B and F filed a non-prosecution disposition that was not subject to suspicion against the Plaintiff on January 27, 2016, although the investigation was conducted by the Suwon District Prosecutors’ Office (2015-type No. 19425) in the horizontal Housing Site Office of the Suwon District Prosecutors’ Office, but the case was dismissed by filing a complaint.

C. Defendant C also filed a complaint by pointing out false facts that the Plaintiff forged the private document and embezzled the money owned by the instant clans Association, and the investigation was conducted by the Suwon District Prosecutors’ Office (2015-type and 25729) but rendered a decision of non-prosecution on January 27, 2016. Defendant C appealed appealed, but the case was dismissed as the appeal date.

The plaintiff caused the defendants' false accusation to the police and the prosecution several times, and suffered severe mental pain by receiving suspicion and responsibility that he/she paid the money to the clans of this case from the clans.

E. Meanwhile, even before filing a complaint as above, the Defendants committed a tort which seriously damages the Plaintiff’s reputation by openly speaking for the president of G and G members in D in the past as “domination bank in which the Plaintiff and E gather money from clans.”

F. Therefore, the defendants are jointly and severally liable to pay consolation money to the plaintiff 2,000,000 won and damages for delay.

2. The accused shall be subject to an investigation with respect to the suspected charge against which the complainant filed a complaint by the complainant.

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