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(영문) 광주지방법원 2020.12.17 2020나53148
손해배상(기)
Text

The plaintiff's appeal is dismissed.

The plaintiff shall bear the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that, at the time of the first trial of the relevant criminal case, the S prosecutor, who was the public trial prosecutor at the time of the trial of the relevant criminal case, did not submit the Plaintiff’s entire monetary details and the monetary content of his accomplice C, and submitted them at the appellate trial.

First of all, it is insufficient to recognize that the S prosecutor concealed the Plaintiff’s assertion that the prosecutor concealed the Plaintiff’s entire monetary content only because the Plaintiff’s entire monetary content was submitted at the appellate court of the relevant criminal case. It is insufficient to acknowledge that the S prosecutor failed to submit it with knowledge of the above materials in the investigation records of the accomplice. There is no evidence to acknowledge it, and there is no circumstance to deem that the above materials were attached to the Plaintiff’s investigation data.

Then, the Plaintiff asserted that S prosecutor concealed C’s entire monetary content, and thus, the fact that C’s entire monetary content was not submitted in the relevant criminal procedure does not conflict between the parties. However, each of the evidence Nos. 13 and 14, which is acknowledged by comprehensively considering the overall purport of the pleadings, is as follows: (a) the Plaintiff-related criminal case first instance court’s summary of pleading on August 12, 2013, stating only the Plaintiff’s assertion that the fact-finding ought to be requested; and (b) the Plaintiff’s argument that the fact-finding ought to be requested; and (c) in light of the Plaintiff-related criminal case appellate court’s summary of pleading on May 12, 2014, the evidence submitted by the Plaintiff and the above fact-finding alone do not indicate that C’s entire monetary content

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