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(영문) 광주지방법원 2020.11.27 2020나53247
손해배상(기)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The grounds for this part of the reasoning of the lower judgment and the Plaintiff’s assertion are as stated in Articles 1 and 20 of the Civil Procedure Act, except for those written by the lower court as follows. Thus, this part of the reasoning of the first instance judgment is cited in accordance with the main sentence of Article 420 of

Part 3 of the judgment of the first instance court, the "M (Defendant D's ticketing and F site management directors)" in Part 6 of the judgment of the third instance is written in F.

The second page of the decision of the first instance court shall be deleted.

Part 5 of the judgment of the first instance court, " July 23, 2015" in Part 8 shall be applied to " July 27, 2015".

In accordance with Article 750 of the Civil Act, the 6th sentence of the first instance court shall be deleted.

2. Determination

A. In filing a complaint, accusation, etc. under relevant legal principles, if the complainant knew or did not know of the existence of a crime against the defendant, etc. due to negligence, the complainants, etc. are liable to compensate for the damages suffered by the defendant, etc. due to such complaint or accusation.

In this case, it cannot be immediately concluded that the criminal judgment of innocence against a person who was prosecuted on the charge of accusation, accusation, etc. became final and conclusive only by the result of the criminal judgment of innocence had intention or negligence against the complainant, etc., and the judgment of whether the complainant, etc. had intention or negligence should be determined in consideration of all the evidence and circumstances shown in the record, based on the principle of good manager.

(See Supreme Court Decision 95Da45897 delivered on May 10, 1996, etc.). B.

Judgment

1. The facts that the plaintiff's complaint against the defendant company received a criminal trial for the crime of perjury and the judgment of innocence became final, that the defendant company filed a criminal complaint against the defendant D in relation to the oil price, that the defendant company, who was subject to criminal punishment for perjury, filed a lawsuit for a retrial on the judgment subject to retrial in this case, and that the judgment dismissing the request for retrial was pronounced as above. The witness P according to the testimony of the witness P in the first instance trial and the party personal examination of the plaintiff in the first instance trial.

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