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(영문) 서울북부지방법원 2020.11.17 2019나2672
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Summary of the plaintiff's assertion

A. The Defendant, even though having knowledge of the absence of a crime against the Plaintiff, filed a complaint with the Plaintiff intentionally and habitually, but the dismissal or non-suspected disposition was rendered (no suspicion of larceny (no suspicion of larceny) in Seoul Northern District Prosecutors' Office 2017-Type 4783, No. 61525, No. 2017-type 615, No. 2018-type 29460, No. 2018-type 29612, No. 2018-type 2964, No. 35064, No. 2018-type 3401, No. 2018-type 3401, No. 2018-type 37451, No. 2015 (no suspicion), and the Defendant is liable to compensate the Plaintiff for damages caused by the tort.

B. The Defendant committed a crime of coercion under the Criminal Act, which led the Plaintiff to resign from the chairman of the Seoul Special Metropolitan City Nowon-gu Office’s apartment management committee by falsely reporting the Plaintiff to the apartment house and public officials, and the Defendant committed a crime of obstruction of performance of official duties by fraudulent means under the Criminal Act, which imposes an administrative fine of five million won on the Plaintiff by submitting false evidence to the said public official. Therefore, the Defendant is liable to compensate the

C. Since the plaintiff was the chairperson of the C Apartment Election Commission, the defendant committed the crime of preparing qualification-based private documents and the crime of uttering of qualification-based private documents, the defendant is liable for compensating the plaintiff for damages caused by the above tort.

As to the Plaintiff’s mental damage caused by the above Defendant’s tort, the Defendant shall pay consolation money of KRW 5 million, which is part of KRW 100 million, to the Plaintiff.

2. Determination

A. Even if one of the defendants filed a complaint against illegal acts is subject to an investigation due to the suspected fact that the complainant filed a complaint, so long as the complaint is not intentional or gross negligence to the extent that it can be deemed an abuse of right, the complainant shall be deemed to have committed so long as it is not intentional or gross negligence.

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