(영문) 대구지방법원 2019.04.11 2018가단107609

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(영문) 대구지방법원 2019.04.11 2018가단107609

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the chairperson of the Youngcheon-si Senior Complex, and the defendant is the member of the above senior citizen center.

B. The Defendant filed a complaint against the Plaintiff on the charge of indecent acts by compulsion as stated in the separate sheet, but the prosecutor rendered a disposition against the Plaintiff on February 21, 2018 on the same ground as indicated in the separate sheet.

[Reasons for Recognition] Gap evidence No. 1

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff is obligated to compensate for damages caused by the damage of the plaintiff's reputation caused by his act, and the amount of compensation for damages is reasonable, since the defendant's assertion includes false information in the manner of informing the members of the same senior citizen's center by force, and such false information has been spread or is likely to spread to many unspecified persons.

B. Therefore, the judgment is based on the following facts: (a) whether the Defendant spreads false facts; (b) whether the Plaintiff was subject to a disposition of non-prosecution of charges against indecent acts by compulsion of the Defendant; (c) however, the Defendant did not have been under suspicion; and (d) the prosecutor’s disposition of non-prosecution of charges is not due to the Defendant’s accusation; and (d) the Defendant actively cooperates with the prosecutor at the detection of false facts in the situation where the statement of the suspect and the victim is in conflict with each other; and (e) there are witnesss meeting each of the suspect and the victim’s statements; (e) the Defendant’s complaint is not due to the fact that there was no evidence or statement to reverse the Defendant’s assertion of the suspect in addition to the victim’s statement (which is impossible to determine the result of the investigation at the detection of false facts against the Plaintiff); and (e) the Defendant’s complaint is not due to the fact that the complainant did not have any other evidence to deem the Defendant to have spread false facts.

유사 판례

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-대구지방법원 2014.09.05 2014노234

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-서울중앙지방법원 2017.09.14 2017나12546

-춘천지방법원강릉지원 2014.12.24 2014가단563