손해배상
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. Determination on the cause of the claim
A. The plaintiff asserts that the defendant committed an indecent act against the plaintiff's chest and thereby caused mental harm. The plaintiff claimed damages against the defendant.
Since res judicata of a final and conclusive judgment affects a judgment on the existence of legal relations asserted as a subject matter of a lawsuit, filing a subsequent suit between the same parties regarding the same subject matter of a lawsuit between the parties is not permissible because it conflicts with res judicata of the final and conclusive judgment in a prior suit
(2) In light of the aforementioned legal principles, the Plaintiff filed a lawsuit against the Defendant for compensation for damages incurred by indecent act committed on November 2, 2013, with the District Court Decision 201Da49981 Decided March 27, 2014 (see, e.g., Supreme Court Decision 201Da4981, Mar. 27, 201). The Plaintiff filed a lawsuit against the Defendant, claiming KRW 5,00,000 as compensation for damages incurred by indecent act committed on November 2, 2013, and the Plaintiff was sentenced to a judgment citing part of the above claim amount of KRW 1,00,000 among the above claim amount of KRW 1,00,000 as well as damages incurred by delay, and thereafter
However, the claim of this case is deemed to have sought payment again to the defendant with respect to the part against which the plaintiff lost in the above final judgment as to the same subject matter of lawsuit as the above final judgment. Thus, the claim of this case is not allowed in conflict with res judicata of the above final
B. Meanwhile, the Plaintiff asserts to the effect that additional losses were incurred due to the Defendant’s act of indecent act as above, and that there was another mental harm in the process of agreement with the Defendant or her children after the said lawsuit, but there is no evidence to acknowledge such assertion by the Plaintiff.
C. Therefore, the plaintiff's claim of this case is without merit.
2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.