1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 2, 2014, the Defendant filed a complaint with an investigative agency to the effect that “the Plaintiff, at around 17:00 on May 22, 2014, laid down the Defendant’s head 701, which was located in Busan Dong-dong C, milching the Defendant’s head following his head, and frighting the Defendant’s name and side glass, etc., leading the Defendant to suppress the Defendant’s resistance, and rape the Defendant.”

B. The Plaintiff asserted that there was no assault or intimidation against the Defendant, but was detained on June 30, 2014 due to the crime of rape, etc., and was sentenced to a three-year imprisonment by the court of the first instance on December 19, 2014 (Seoul District Court 2014Gohap421).

C. In the appellate trial proceeding with the plaintiff and the prosecutor's appeal, the appellate court (Seoul High Court 2015No16) reversed the judgment of the court below on May 7, 2015 on the ground that "in circumstances where it is difficult to believe the contents of the defendant's statement as they are and there exist various circumstances to reject the facts charged, the evidence alone submitted by the prosecutor cannot be deemed to have proved that the facts charged against the plaintiff are beyond reasonable doubt, and acquitted the plaintiff, and as the prosecutor's appeal on October 29, 2015 dismissed (Supreme Court 2015Do7699), the judgment of innocence against the plaintiff became final and conclusive.

[Ground of recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant committed an illegal act, such as falsely filing a complaint with an investigative agency for the purpose of punishing the plaintiff for rape, although the plaintiff did not rape the defendant. Accordingly, the plaintiff was detained for 11 months, resulting in severe mental suffering, such as the plaintiff's death at the workplace where the plaintiff was present and the female and hedging who was married. The defendant is entitled to the damages claim against the plaintiff, ① the date the plaintiff was released from the appellate court after being acquitted from the appellate court, and the judgment of innocence becomes final and conclusive by dismissing the prosecutor's appeal.