Law Firm LLC et al., Counsel for the defendant-appellant

Attorney Kim Jong-kon

Law Firm Jung-han, Counsel for defendant-appellant

[Defendant-Appellee]

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 20% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

A. The Plaintiff is a 1978-year female, and the Defendant is a 1981-year male who is the 1981-year male, and they are these children. The Defendant committed an indecent act by taking advantage of the state of mental disorder or non-ffort by taking advantage of the condition of the Plaintiff’s refusal to resist, by taking advantage of the reffort or non-ffort, at around 19:0 on April 25, 2019, when the Plaintiff, a superior, who was the first superior, started in the company’s neighborhood around the company around around 19:0, 200, when getting into a taxi and getting into the Plaintiff’s house at around 0:22 on April 26, 2019.

B. On May 6, 2020, the Defendant was indicted on the charge of committing the above crime, and was sentenced to a judgment of conviction (Seoul Central District Court 2019Kadan6773) ordering suspension of the execution of imprisonment, etc. (two months of imprisonment, two years of suspended execution, and forty hours of sexual assault treatment). The Defendant acknowledged the facts charged in the course of the trial of the case.

C. The Plaintiff complained of considerable mental suffering due to not attending a normal workplace after having undergone the above sexual assault case and receiving mental treatment.

[Ground of recognition] Facts without dispute, Gap 1-7 evidence, Eul 1-3 evidence (including above numbers), and the purport of the whole pleadings

2. Determination

According to the above facts, the Defendant is obligated to pay consolation money for mental suffering to the Plaintiff due to tort damages. Furthermore, in light of the following circumstances: the relationship between the Plaintiff and the Defendant, namely, the relationship between the Plaintiff and the Plaintiff, the Plaintiff’s career and workplace status, family relationship, the background and method of the Defendant’s crime, the Plaintiff’s mental health and treatment details, and the degree of efforts made by the Defendant for recovery of damage, the adequate amount of compensation for emotional distress for the Plaintiff’s emotional distress can be assessed to the extent of KRW 20,000,000.

Therefore, the defendant is obligated to pay to the plaintiff consolation money of KRW 20,000,000 and to pay to the plaintiff 5% per annum as stipulated in the Civil Act from April 26, 2019, which is the date of tort until the date of rendering the judgment of this case where the dispute over the existence and scope of the obligation is deemed reasonable, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

For this reason, the plaintiff's claim is accepted partially and it is decided as per Disposition.