손해배상청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s assertion planned a pop-up performance while operating the “D” cultural space in Mapo-gu Seoul Metropolitan Government, and the Defendant planned a pop-up performance on March 28, 2014.
피고는 위 공연을 마친 후 원고, 다른 연주자들, 공연 스텝들과 함께 뒤풀이를 하였고, 2014. 3. 29. 02:00~03:00경 원고와 단둘이 남게 되자, 원고에게 “남자 친구 있느냐, 나는 어떠냐”라고 말하면서 원고의 옆에 앉았고, 이에 원고가 “제 타입이 아니다”라며 거부를 하였음에도 갑자기 원고의 입술에 입을 맞추고, 원고를 밀어 강제로 소파에 눕힌 다음 원고의 치마 속으로 손을 집어넣어 원고의 다리를 만지는 등 강제로 추행하였다.
Therefore, the Defendant, as a tort, is obligated to compensate the Plaintiff for the mental damage amounting to KRW 10 million incurred by the Plaintiff by such indecent act as above.
2. The written evidence Nos. 1 through 6, and 8 are insufficient to recognize that the Defendant committed an indecent act against the Plaintiff by force, and there is no other evidence to acknowledge it.
Rather, according to the evidence Nos. 7 and 9 evidence, the Defendant was indicted on suspicion of indecent act by compulsion of the Plaintiff as alleged by the Plaintiff, but was sentenced to a judgment of innocence by the court of first instance on November 29, 2017 (Seoul Southern District Court 2017Da1060), and on May 28, 2019, it can only be recognized that the prosecutor’s appeal by the appellate court was dismissed and the judgment of innocence became final and conclusive at that time.
(Seoul Southern District Court 2017No2551). Accordingly, the plaintiff's above assertion is without merit.
3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
As such, the judgment of the first instance court is just, and the plaintiff's appeal is dismissed as it is without merit.