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(영문) 청주지방법원 2019.07.03 2019가단623
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the Plaintiff’s assertion of the cause of claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff is a taxi driver, and the Defendant is a police officer. On November 15, 2017, the Plaintiff served the victim C by driving a taxi on a November 15, 2017 (hereinafter “instant traffic accident”).

(2) Although there is no need to do so, the Defendant abused official authority to investigate the Plaintiff’s occurrence of a traffic accident in a false and fake manner, and sent the Plaintiff to the prosecution as a prosecution’s opinion. As such, the Defendant had the Plaintiff registered as having caused an accident on the Plaintiff’s driving career certificate due to the Defendant’s tort, thereby incurring economic loss, and caused the Plaintiff to suffer emotional distress. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 25,000,000 for lost income and KRW 15,000 for consolation money.

B. In full view of the overall purport of the arguments as to the evidence Nos. 1 and 3 of the judgment of the court below, although the defendant investigated the plaintiff as the suspect of the traffic accident of this case and sent it to the prosecutor's office, it is recognized that the prosecutor took a disposition of non-guilty suspicion due to lack of evidence, it is difficult to view that the above evidence alone did not abuse official authority and transfer it to the defendant as the suspect without any ground, and there is no other evidence to prove otherwise.

The plaintiff's assertion cannot be accepted without further review.

2. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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