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(영문) 서울중앙지방법원 2019.05.15 2018나75827
손해배상 청구의 소
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. On June 2012, the Plaintiff filed a complaint with the Plaintiff on the charge of fraud stating that the Plaintiff would make two punishments D by the president of the cooperative for the redevelopment of housing in Seoul District and the head of the cooperative for the redevelopment of housing would be more compensated for the moving expenses of KRW 10,000,000,000,000,000 from the Plaintiff by deceiving the Plaintiff; and that the Defendant, a police official working at the Seoul Sungdong Police Station at the time, investigated the above accusation case; and the fact that the case was forwarded to the prosecution on June 20, 2012 by taking account of the fact that the Defendant, a police official working at the Seoul Sungdong Police Station at the time, investigated the instant accusation case. There is no dispute between the parties.

2. Judgment on the plaintiff's assertion

A. The Defendant, who is the alleged police officer, committed an unlawful act by manipulating documents and handling the case in an unfair manner in the course of handling the above complaint case. The Plaintiff suffered mental damage of KRW 50 million and the litigation cost of KRW 12 million and the business loss of KRW 12,750,000.

Therefore, the defendant is obliged to pay the plaintiff the total amount of 7,4750,000 won and damages for delay.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant committed any illegal act in the course of performing his/her duties, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion premised on the defendant's liability for damages is without merit without further review.

3. Therefore, the plaintiff's claim (including the claim for damages for delay extended by the court) should be dismissed as there is no reasonable ground.

Meanwhile, on September 12, 2018, the first instance court rendered ex officio a ruling to provide the Plaintiff with collateral of lawsuit costs, ordering the Plaintiff to “deposit KRW 5 million within 20 days from the date of receipt of notice”; the Plaintiff served the original copy of the above decision to provide collateral on September 17, 2018; and on September 21, 2018, the Seoul Central District Court deposited gold KRW 23041,5 million with the Seoul Central District Court on September 21, 2018, and the first instance court provided the collateral. Nevertheless, the first instance court on October 2018.

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