손해배상(기)
20 Gaz. 510313 Compensation, etc.
A
Law Firm Sin Line, Attorney Lee Dong-ju, Counsel for the plaintiff-appellant
B
May 27, 2020
June 10, 2020
1. The defendant shall pay to the plaintiff 10,259,660 won with 5% interest per annum from July 25, 2019 to June 10, 2020 and 12% interest per annum from the next day to the day of complete payment.
2. The plaintiff's remaining claims are dismissed.
3. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.
4. Paragraph 1 can be provisionally executed.
The defendant shall pay to the plaintiff 30,259,660 won with 15% interest per annum from July 25, 2019 to the day of complete payment.
1. Occurrence of liability for damages;
On July 25, 2019, the Defendant committed an indecent act against the Plaintiff by taking the Defendant’s sexual organ down on the part of the Plaintiff’s bucks located in the front section of the D Station in Seoul subway Station on July 25, 2019. The Defendant was convicted of imprisonment on January 16, 2020 with prison labor for the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and for the suspension of execution of one year (U.S. District Court 2019Da6407), the said judgment became final and conclusive (in the absence of any dispute, the purport of the entire pleadings, and the purport of the entire pleadings).
Since the above crime constitutes a tort against the plaintiff, the defendant is liable to compensate the plaintiff for the damages caused by the above crime.
2. Scope of damages.
A. Compensation for medical expenses: Recognition of KRW 259,660, which the Plaintiff claimed among the medical expenses (A. 2, A3-1, and 2) incurred from the diagnosis of stress disorder caused by the above crime from July 30, 2019 to December 19, 2019 by the Plaintiff.
B. Consolation money: The consolation money shall be determined as KRW 10 million in full view of all the circumstances shown in the arguments of this case, such as the content of the crime and the circumstances after the crime.
C. Sub-committee
Therefore, the defendant is obligated to pay to the plaintiff 10,259,660 won and damages for delay at each rate of 5% per annum under the Civil Act from July 25, 2019, which is reasonable for the defendant to dispute about the existence or scope of the obligation to pay to the plaintiff 10,259,660 won to June 10, 2020, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Conclusion
The plaintiff's claim is reasonable within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.
Judge Noh Dong-dong