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(영문) 서울고등법원 2018.01.23 2016나2064778

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiffs filed a claim for damages against the Defendant for tort in the first instance trial, which was KRW 250,00,000 (i.e., KRW 150,00,000 of GPF Research Scholarship loss ② KRW 100,000,000 of solatium), and Plaintiff B filed a claim for the payment of KRW 66,682,760 of solatium (i.e., KRW 14,469,160 of medical expenses of Plaintiff A and C, and KRW 2,213,60 of transportation expenses for hospital treatment ④ KRW 2,213,60 of KRW 50,00 of solatium, ⑤ KRW 54,321,420 of solatium, and KRW 54,321,420 of solatium, and damages for delay.

B. The first instance court, among the claims against the Defendant, declared the full acceptance, (2), (5), (7) partial acceptance, (1), (4) and (6) only the Defendant appealed. As such, among the claims against the Defendant, the part is excluded from the scope of the adjudication of this court.

2. As to this part of the basic facts, the corresponding part of the grounds of the judgment of the court of first instance (from 5 to 6 pages of the judgment of the court of first instance) shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

However, part of the following shall be cut:

The 4th sentence below the 3th sentence of the first instance judgment shall consist of the following 4th to 13th sentence:

On July 4, 2016, the judgment of the first instance that found the Defendant guilty of the whole and part of indecent act by compulsion was rendered. On August 19, 2014, the Defendant committed an indecent act by compulsion by force by inserting the Plaintiff A’s shoulder string in his/her own car, which was parked in the third floor parking lot of the university-industry-academic college, around 16:40 on August 19, 2014, by putting the Plaintiff’s shoulder string in his/her own car (hereinafter “the first indecent act by compulsion”).

2. The Defendant: (a) around 20:00 on August 23, 2014, at one’s laboratory located on the fifth fifth floor of the F University’s engineering hall; (b) was seated on a tables; and (c) was on the side of Plaintiff A, and (d).