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(영문) 서울북부지방법원 2017.01.12 2015가단120502

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim B are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. Defendant B is the head of the water treatment room at a hospital operated by the Defendant Foundation (hereinafter “instant hospital”). From June 11, 2013 to September 23, 2013, the Plaintiff received spinal therapy (water treatment) from the Defendant on about 24 occasions from the instant hospital.

B. On April 30, 2014, the Plaintiff filed a complaint with the Namyang Police Station on the ground that “Defendant B engaged in indecent acts by compulsion as follows.” However, the District Prosecutors’ Office of the Government, on September 29, 2014, issued a non-prosecution disposition against Defendant B (not guilty).

(1) Defendant B, on June 28, 2013 (the written decision of non-prosecution is indicated differently as of June 11, 2013) committed an indecent act against the Plaintiff in the sexual flag of Defendant B, by taking the Plaintiff’s two legs accumulated in the physical therapy room of the instant hospital.

(2) On July 2, 2013, Defendant B, at the water treatment room of the instant hospital, placed the Plaintiff on a bend, left the Plaintiff’s right shoulder, left from the bend, and committed an indecent act against the Plaintiff in the sexual flag of Defendant B.

(3) On July 12, 2013 and July 26, 2013, Defendant B committed an indecent act against the Plaintiff by putting the Plaintiff on the left side at the water treatment room of the instant hospital, when Defendant B corrected the Plaintiff’s spine with his hand while correcting the Plaintiff’s spine.

(4) On July 31, 2013, Defendant B, at the water treatment room of the instant hospital, committed an indecent act against the Plaintiff, such as listed on the upper part of the body of the Plaintiff, by placing two cases on the upper part of the chest and the upper half of the body of the Plaintiff, by examining the Plaintiff’s bridge, and then fixing the Plaintiff’s body to B’s bridge and correcting spine.

(5) On July 31, 2013 and August 8, 2013, Defendant B, at the physical treatment room of the instant hospital, set the Plaintiff on the right side and fixed the Plaintiff’s bridge to the B’s bridge and opened it on the pelvis.