손해배상(기)
The defendant shall pay 20 million won to the plaintiff and shall be 5% per annum from March 1, 2019 to March 10, 2021 and from the next day.
1. Facts of recognition;
A. On December 9, 2017, the Defendant taken the upper half of the Plaintiff’s chest, etc., who was under influence of alcohol by using his/her mobile phone, using a video image of approximately 2/22 seconds, without permission, and posted the video to “C”, which is an overseas site, on February 2019.
On May 13, 2020, the defendant was sentenced to six months of imprisonment with prison labor and the judgment became final and conclusive around that time due to the above violation of the Special Act on the Punishment, etc. of Sexual Crimes (Kamera et al.) at the Jeonju District Court.
B. The Plaintiff has been treated with mental disorder due to the above sexual assault disorder, stress disorder, apprehension, and depression disorder.
[Ground] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts of recognition, since the defendant committed a tort against the plaintiff and it is obvious in light of the empirical rule that the plaintiff was suffering from the mental impulse and pain that the plaintiff could not speak, the defendant is liable to compensate for the mental damage suffered by the plaintiff.
As to the scope of damages, in full view of all the circumstances revealed in the arguments in the instant case, such as the background and method of the Defendant’s injury, the circumstances after the act, the relationship between the Plaintiff and the Defendant, the age, occupation, property and living conditions, it is reasonable to determine consolation money to be paid by the Defendant as KRW 20 million.
B. The Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, from March 1, 2019 (the date the Plaintiff seeks as a result of tort) to March 10, 2021 (the date on which the Defendant’s claim is made).
3. The plaintiff's claim for conclusion is justified within the scope of the above recognition, and the remainder is without merit.