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(영문) 서울서부지방법원 2018.12.13 2018가단216585
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts of the basis of the investigation that the Defendant filed a complaint against the Plaintiffs were prosecuted for violation of the facts charged as shown in the separate sheet (the charges of violation of the Punishment of Violences, etc. Act). The facts that the Plaintiffs were acquitted on August 10, 2017 and the judgment became final and conclusive on December 1, 2012 (Seoul Eastern District Court 2016Kadan4394, 2017No1149) are neither dispute between the parties nor dispute between the parties, and evidence Nos. 1 and 3-1 and 2 are recognized or significant in this court.

2. Determination:

A. Although the plaintiffs' assertion did not threaten the defendant, the defendant made a false complaint against the plaintiffs, and the defendant appeared as a witness on the date of criminal trial and made a false testimony. Accordingly, since the plaintiffs suffered mental pain other than paying attorney's fees, the defendant must pay damages to the plaintiffs (=the attorney's fees of KRW 46 million) and damages for delay.

B. Determination 1) The relevant legal principles do not mean that, even if the defendant was indicted for the suspected facts against which the complainant filed a complaint and the final verdict of innocence was rendered, insofar as such complaint is not caused by intentional or gross negligence to the extent that it can be recognized as abuse of right (see, e.g., Supreme Court Decision 2005Da29481, Apr. 28, 2006). In a criminal trial, a conviction in a criminal trial means that a judge has proved that the facts charged are proven to the extent that he/she would have a conviction to the extent that he/she would exclude a reasonable doubt, on the other hand, it means that there is no such proof, and it does not mean that the judgment of innocence is not proven that the absence of facts charged has been proven (see, e.g., Supreme Court Decision 98Da25368, Sept. 8, 1998).

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