A. The Defendant is a business operator operating five or more employees of a small Internet shopping mall company, and the Plaintiff served as an employee from January 2016 to the above company.

B. On December 9, 2016, the employees of the above enterprises, including the Defendant and the Plaintiff, drink the alcohol while drinking at the D restaurant located in Jung-gu Seoul Metropolitan Government, and then moving the alcohol to the E restaurant of the wife around 22:00.

원고와 피고 등은 같은 날 23:00가 넘어 위 E 식당에서 나와 각자 택시를 타고 귀가하려고 하였는데 원고가 길을 걷다가 발을 삐끗하여 보도블럭에서 뒤로 넘어지면서 머리를 바닥에 세게 부딪혔고 이어 자신을 일으켜 세워 부축하고 있던 피고 등과 함께 넘어지기도 하였다.

C. As seen above, the Defendant, as the Plaintiff was drunkly drinking, was unable to set up several times on the road, left the Plaintiff’s clothes, around December 9, 2016, around 23:32, and left the Plaintiff with G Female 103 in Seoul Jung-gu, Seoul, and left off the Plaintiff’s clothes to have sexual intercourse with the Plaintiff by using a creb that the Plaintiff cannot set the mind between around and around December 10, 2016.

In addition, when the plaintiff was unable to resist against the plaintiff by taking the plaintiff's shoulder, taking the arms in his hands, etc., the plaintiff tried to engage in sexual intercourse with the plaintiff, but the plaintiff did not go against his will on the wind which the plaintiff resist.

The defendant was sentenced to one year and six months of imprisonment due to the above facts constituting the crime, and the defendant's appeal and appeal against them were dismissed, and the above judgment became final and conclusive as they are.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Assertion and determination

A. According to the facts of the first instance recognition of the liability for damages, the Defendant is not only under the influence of alcohol after drinking with the Plaintiff, who is an employee of the company run by himself, and the head of the company can not be seen properly.