손해배상(기)
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts: (a) around 15:00 on December 23, 2016, the Defendant, at the Plaintiff’s house located in Busan Shipping Daegu, was unable to resist the Plaintiff, by forcing the Plaintiff to go off the Plaintiff’s clothes while drinking alcohol together with the Plaintiff; and (b) caused injury to the Plaintiff by inserting fingers in the Plaintiff’s negative part, thereby making it impossible for the Plaintiff to know the number of days of treatment.
(hereinafter referred to as the "illegal act of this case"): Fact that there is no dispute, entry of Gap 1 and 2 evidence, and purport of the whole pleadings.
2. Main safety defenses;
A. On February 11, 2017, the defendant asserted that the plaintiff cannot claim the payment of consolation money, since he/she received one million won from the defendant in relation to the tort of this case on February 11, 2017, and agreed that he/she would not raise any civil or criminal objection against the defendant, and thus, he/she cannot claim the payment of consolation money.
As such, the Defendant’s assertion argues that the Plaintiff’s lawsuit of this case is unlawful because it was filed in violation of the Plaintiff’s written lawsuit agreement, and there is no benefit of protection of rights.
B. Comprehensively taking account of the purport of the entire arguments in Eul evidence No. 1, the plaintiff and the defendant reached an agreement that the plaintiff paid KRW 1 million to the plaintiff on February 11, 2017 that the plaintiff did not raise a civil or criminal objection as the case of the above tort. In the criminal case against the defendant's tort of this case [In the criminal case against the defendant's tort of this case, Busan District Court 2017 Manhap137, 205 (Merger), the above court may recognize the facts that the defendant sentenced the defendant to a guilty verdict on October 17, 2017 (limited to three years of imprisonment, four years of probation, four years of probation, probation, and order to attend), and that the defendant took into account the circumstances in which the defendant expressed his intention not to punish with the victim (the plaintiff)
According to the above facts, it is reasonable to view that the Plaintiff and the Defendant agreed not to file any lawsuit or objection with respect to the tort of this case.
Therefore, the instant lawsuit is the same.