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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is the representative of the aviation company with the trade name “E” and the Defendant is the employee who was employed by the said company on November 6, 2013 and worked as the team leader and retired on February 14, 2014.

B. In November 2013, the Plaintiff was prosecuted on the charge of committing a crime that “The Plaintiff, while taking a business trip from the Defendant and the water source to the right side of the Defendant, carried the alcohol onto the right side of the Defendant, and tried to keep the Defendant informed of the Defendant’s chest, thereby inducing the Defendant to commit indecent act by force.” The Plaintiff was sentenced to imprisonment with prison labor for the period of four months and one year of suspended execution (Seoul District Court Decision 2014Da1278), and the Plaintiff appealed on the appeal, but was sentenced to dismissal of the Plaintiff’s appeal on January 8, 2016.

Daegu District Court (2015No103) c.

On February 19, 2014, the Defendant was issued a summary order of KRW 1.5 million (Seoul District Court Decision 2014 High Court Decision 2014 High Court Decision 2835) on July 8, 2014, which read that “the Plaintiff’s phone called to C’s team leader D, the customer of the E, “the Plaintiff, as above, committed indecent act by force, and was retired from office by sexual harassment against its employees,” thereby impairing the Plaintiff’s reputation by openly alleging the facts against the crime. The Defendant requested formal trial, but the said court sentenced the Defendant to a fine of KRW 1.5 million on April 14, 2015 (the above court Decision 2014 High Court Decision 449), and the said judgment became final and conclusive as is.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff did not commit indecent act by compulsion or sexual harassment against the Defendant, the Defendant spreads false facts to D and caused severe mental suffering to the Plaintiff. As such, the Plaintiff sought payment of consolation money of KRW 10 million as compensation for damages by unlawful act of spreading false facts against the Defendant.

B. Determination by the Defendant’s phone call to D on February 19, 2014, and indecent act by compulsion against the Defendant.