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(영문) 서울고등법원 2019.06.27 2018나2042062

손해배상(기)

Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendant C, and B were both employees of the E Bank, and at the time of each of the following cases, the Plaintiff was the head of the E BankF Finance Center’s site location, Defendant C, and B. The head of the E Bank FF Center.

B. On February 6, 2015, the Plaintiff: (a) moved to the H restaurant located in Jung-gu Incheon Metropolitan City G to Defendant B and the neighboring Ippp; (b) drank the bomb together; and (c) went to the J hotel located in Jung-gu Incheon Metropolitan City on February 7, 2015 to the sib, which was fluened to the sib, and was fluened to the J hotel located in Jung-gu, Incheon; (b) around 06:00 on the same day, Defendant B was fluencing in the bend; and (c) the Plaintiff was aware of the circumstances that the Plaintiff was flusing back to the bed (hereinafter referred to as “instant case”).

(2) On February 25, 2015, the Plaintiff, at H restaurant located in Jung-gu, Jung-gu, Incheon, had an employee and had an interview. After drinking alcohol from Defendant B and neighboring Ipp, having drank in K singing, and had a sexual intercourse with Defendant B under the influence of alcohol on February 26, 2015. On February 26, 2015, the Plaintiff had a sexual intercourse with the Defendant B under the influence of alcohol in the same building as a singing room.

(3) On May 15, 2015, the Plaintiff: (a) served as an employee at the Ncafeteria located in Jung-gu Incheon, Jung-gu, Incheon; (b) served Defendant B on May 16, 2015, and moved Defendant B to the Oo club located in Jung-gu Incheon, Jung-gu, Incheon. The Plaintiff acted to attract Defendant B’s arms in front of singing (hereinafter “third case”).

(C) Defendant B’s accusation and disposition 1) committed an indecent act against the Plaintiff around November 2015, following the following: “The Plaintiff committed an indecent act against himself under the influence of alcohol on or around February 7, 2015; on February 26, 2015, at around 01:25, the Plaintiff had sexual intercourse once with himself who was in a state of unable to smoke due to alcohol; on May 16, 2015, the Plaintiff attempted to engage in sexual intercourse with her mother on or around May 16, 2015, but was attempted to engage in an attempted indecent act by compulsion, quasi-rape, and attempted rape.”