The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. On August 10, 2015, the Plaintiff asserted that the Defendant filed a complaint or complaint with the Plaintiff on the charge of interfering with the Plaintiff’s business, defamation, violation of the Framework Act on Qualifications, fraud, etc. on several occasions by using illegal recording materials and false facts verifications, etc., in order to mislead the Plaintiff, while entering into a franchise agreement with the Plaintiff and C Association (hereinafter “C Association”) and entering into a regional education center in Asan District Association, the Plaintiff was under obligation to pay consolation money, KRW 15,000,00 as compensation for damages, and delayed damages to the Plaintiff.

The argument is asserted.

2. Determination

A. In filing a criminal complaint, accusation, etc., if the complainant knew or did not know of the existence of a criminal charge to the defendant's complainant, etc. due to such complaint, accusation, etc., he/she shall be liable to compensate for the damages suffered by the defendant's complainant, etc.

At this time, the judgment of innocence became final and conclusive for a person prosecuted on complaint, accusation, etc.

on the sole basis of the criminal judgment of not guilty, that there was intentional or negligent act on the complainant, etc.

The judgment on the existence of intention or negligence by the complainant cannot be immediately determined, and the determination on the existence of intention or negligence by the complainant should be based on the principle of good manager and by taking into account all the evidence and circumstances shown in the record (see Supreme Court Decision 2007Da3650, 3667, Jun. 23, 2009, etc.). (b) In addition to the entire purport of the pleadings in each of the evidence Nos. 14 and 15, the defendant filed two complaints against the plaintiff in 2018, but the plaintiff was found to have received non-prosecution disposition without suspicion. However, the above facts of recognition or submitted evidence alone knew that the defendant was not guilty or was gross negligence at the time of the complaint.