손해배상(기)
1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from November 23, 2018 to June 25, 2019.
1. According to the statements in Gap evidence Nos. 1 and 5, the defendant found that the defendant, on December 9, 2017, in the street near the new wall Incheon Nam-gu Maurel, the plaintiff was drunkly drunk, and found that the plaintiff was in sexual intercourse with the plaintiff for the purpose of engaging in sexual intercourse with the plaintiff, and the defendant was off all the plaintiff's load and part of the plaintiff's chest and part of the plaintiff's chest who was taken off from the bend in the bend in the above Cirel D, and exceeded all the plaintiff's load and part of the plaintiff's chest and part of the plaintiff's finger were met several times by hand, and the defendant's sexual flag was put into the part of the plaintiff's sound, making use of the plaintiff's state of non-performance to resist by inserting the plaintiff.
2. According to the facts of the establishment of tort and the above recognition scope of liability for damages, the defendant, by quasi-rapeing the plaintiff, suffered severe mental pain to the plaintiff.
Therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.
The defendant shall determine consolation money at 35 million won, taking into account the following circumstances: (a) the plaintiff was raped by taking advantage of the state of exploitation; (b) the content and degree of the tort committed by the plaintiff, such as the degree of sexual humiliation, etc.; and (c) other circumstances shown in the argument in this case.
Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from November 23, 2018 to June 25, 2019, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff, as damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of complete payment.
3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed. It is so decided as per Disposition.