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(영문) 광주지방법원 2016.03.23 2015가단48882

손해배상(기)

Text

1. The Defendant: 15,00,000 won to the Plaintiff, and 5% per annum from August 6, 2014 to March 23, 2016.

Reasons

1. Judgment on the plaintiff's claim

A. The facts of recognition 1) The Defendant was a college student of C University sports, and the Plaintiff became aware of the date of birth in G University on May 2014. 2) On August 5, 2014, the Plaintiff, at the main point of “D” near C University’s aftermath with the Defendant on August 5, 2014. At around 01:00 the following day, the Plaintiff was under the influence of alcohol, and the Plaintiff was also under the influence of alcohol.

3) The Defendant is the Dong-gu Seoul metropolitan building No. 203 (hereinafter “instant studio”).

(4) After residing in the Kakaox, contact the Plaintiff with the Kakaox Kakaox and obtained the Plaintiff’s consent, the Defendant intending to put the Plaintiff into the studio of this case. The Defendant added the Defendant’s sexual organ to the Plaintiff’s studio by leaving the studio in front of the studio of this case and leaving the Plaintiff in front of the studio of the studio of this case.

5) The Defendant was prosecuted as the foregoing criminal facts by the Gwangju District Court 2014 High-Ma511 and was sentenced to a stay of two and a half years of imprisonment on February 6, 2015. The Defendant appealed, but was sentenced to the dismissal of appeal on May 28, 2015. The judgment of the first instance court became final and conclusive around that time. [In the absence of any dispute over the grounds for recognition, the entry of Eul in subparagraph 1-26, and the purport of the entire pleadings.]

B. Since it is clear in light of the empirical rule that the plaintiff suffered mental suffering due to the above tort committed by the defendant, the defendant has a duty to care for the mental suffering suffered by the plaintiff in money. Furthermore, considering all circumstances such as health expenses, the relationship between the plaintiff and the defendant revealed in the above recognition, the developments leading up to the occurrence of the case, and the attitude of tort, it is reasonable to determine the amount of consolation money to be paid by the defendant as 15,00,000 won.

Therefore, the Defendant from August 6, 2014, which was the date of the tort of this case, to the Plaintiff.