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(영문) 부산지방법원서부지원 2019.05.15 2018가단115878

손해배상(기)

Text

1. The Defendant: (a) from December 12, 2018, to Plaintiff A with respect to KRW 15 million, Plaintiff B, and C, respectively, and each of the said money.

Reasons

1. Facts of recognition;

A. From January 4, 2016 to June 2017, Plaintiff A received three times a week in English from the public book room operated by the Defendant during the period from January 4, 2016 to June 2017.

B. The Defendant was prosecuted for committing an indecent act against the Plaintiff A as indicated in the attached facts constituting an indecent act (the Defendant is referred to as “Defendant,” and the victim refers to “Plaintiff A”), and was sentenced by this court to a suspended sentence of two-year imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, etc.) on November 1, 2018.

C. Plaintiff B and C are the parents of Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the plaintiff A and his parents, the victim of the crime of this case, and the plaintiff B and C, their parents, are obvious in light of the empirical rule that they had suffered considerable mental suffering from the criminal act of this case, the defendant is liable to compensate for the mental suffering suffered by the plaintiffs.

Furthermore, considering the amount of damages that the defendant is liable to compensate for to the plaintiffs, the relationship between the defendant and the plaintiff, the father and method of indecent act, the period and frequency of indecent act, and the degree of power, etc., it is reasonable to pay 15 million won to the plaintiff A as consolation money, and 3 million won to the plaintiff B and C, respectively.

Therefore, the defendant is obligated to claim against the plaintiff A about KRW 15 million, KRW 3 million, and each of the above three million and damages for delay calculated by the ratio of 5% per annum under the Civil Act from December 12, 2018 to May 15, 2019, which is the date of the judgment of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.