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(영문) 인천지방법원 2017.10.19 2017나53326

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 23, 2015, the Defendant was sentenced to a fine of three million won as an indecent act by force on May 19, 2016, on the following grounds: (a) on May 11, 2016, the Defendant committed an indecent act by force on the Plaintiff’s left side buckbucks, which she boarded on two occasions, after shooting down the Plaintiff’s buckbucks (hereinafter “instant indecent act”); and (b) on the said, on May 19, 2016, the judgment became final and conclusive.

B. The Plaintiff spent a total of KRW 588,200 as medical expenses to receive treatment for physical problems occurring due to the instant indecent act by compulsion.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-7, 9-17, and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above facts acknowledged as above, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the tort, since the Defendant suffered damage by the indecent act in this case.

B. Medical expenses 1) Medical expenses: 58,200 won: 3,000,000 won (the degree of mental impulses suffered by the plaintiff, the result of the relevant criminal case, the relationship between the plaintiff and the defendant, the age of the plaintiff and the defendant, etc. shall be determined by comprehensively taking into account all the various circumstances shown in the arguments of this case including the plaintiff and the defendant)

C. Accordingly, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 3,588,200 (= KRW 588,200,000).

3. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.