[손해배상(기)][미간행]
Plaintiff (Law Firm Barun Law, Attorneys Seo Jong-sung et al., Counsel for the plaintiff-appellant)
Defendant 1 and 1 (Law Firm Geosan, Attorneys Jin-hun et al., Counsel for the defendant-appellant)
October 1, 2008
Gwangju District Court Decision 2008Gahap48 Decided February 21, 2008
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are all borne by the Defendants.
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The key issue of the instant case is ① whether Defendant 1 committed a sexual indecent act or sexual intercourse with the Plaintiff by force; ② Whether Defendant 2, a corporate body, bears the employer’s responsibility with respect to Defendant 1’s act; ③ the scope of the Defendants’ liability to compensate for damages against the Plaintiff. However, the reasoning for this court’s explanation is as follows: (a) additional evidence submitted in the trial, which is insufficient to recognize the Defendants’ assertion; (b) Nos. 6-1 through 3, 7, 8, 9-1 through 6, 9-1 through 6, 10 through 18, and 10 to 18, and 9-1 through 18, and the reasoning for the judgment of the first instance court, except for the rejection of all of the statements and the testimony of the witness No. 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the judgment of the court of first instance is justified, and the appeal by the defendants is dismissed as it is without merit. It is so decided as per Disposition.
Judges Cho Young-hee (Presiding Judge)