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(영문) 서울중앙지방법원 2015.08.28 2014가단5091450

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. P and its birth Q (name in R) are children of the Plaintiff.

B. The remainder of the Defendants except Defendant K worked in S, a broadcasting planning company, around 2004, and P and Q around that time worked in P and Q, as a subsidiary contribution under the management and supervision of S, Inc.

C. On December 22, 2004, the Plaintiff, P, and Q filed a complaint with an investigative agency on the grounds that the Defendants committed sexual assault against P, which had been engaged in DRama’s auxiliary contribution as shown in the separate sheet.

However, P revoked the complaint on July 25, 2006, and the Defendants received a non-prosecution disposition on October 10, 2006 on the charge of sexual assault complaint, including rape of P. D.

P and Q committed suicide on August 28, 2009, while receiving mental treatment, P and Q committed suicide on September 3, 2009.

[Ground] Evidence Nos. 1 to 8, and the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) The Defendants committed sexual assault, such as rape, indecent act by compulsion, etc., while working in S Co., Ltd., and P committed suicide without showing any mental impulse.

Q, as a result of the fact that P, who was sexual assaulted by the Defendants, suffered from mental impulses, and subsequently, the P, who committed suicide, was unable to check the shock, and committed suicide.

(2) The Defendants are liable for damages suffered by P and Q due to the above tort. In light of all the circumstances, it is reasonable to calculate the consolation money for P as KRW 40 million, and consolation money for Q as KRW 10 million. Thus, the Defendants should pay KRW 50 million to the Plaintiff, who is the heir of P and Q, as the heir of P and Q.

(3) The Plaintiff suffered from sexual assault, and subsequently P and Q suffered from mental pain due to suicide, and was treated with a mental disorder.

Therefore, the Defendants, the joint tortfeasor, should compensate the Plaintiff for the amount of damages equivalent to the mental suffering and treatment costs incurred by the Plaintiff.

(4) The Defendants jointly do so to the Plaintiff.