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(영문) 대구지방법원 서부지원 2021.03.30 2020가단56480

손해배상(기)

Text

The defendant 40,000,000 won to the plaintiff A, 4,000,000 won to the plaintiff B, 4,000,000 won to the plaintiff C, and 2,000 won to the plaintiff D.

Reasons

1. Facts of recognition;

A. On July 1, 2018, the Defendant: (a) committed similar rape in the Defendant’s house located in Daegu-gu, Seo-gu, Daegu-gu, and (b) brought the Plaintiff a gambling to the said Plaintiff, such as trees and knee knee knee f, etc.

B. Plaintiff B’s father, Plaintiff C’s mother, and Plaintiff D are Plaintiff A’s words.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is liable to compensate the plaintiffs for mental damages suffered by the plaintiffs due to the crime of this case, which is the defendant's illegal act.

B. As to the scope of liability for damages of A, in light of the following circumstances, comprehensively taking account of the overall purport of arguments in the evidence Nos. 2, 5, 6, and 7 (including branch numbers) as follows: (i) at the time of the instant crime, the Plaintiff A was 18 years of age; (ii) at the time of the instant crime, the Plaintiff A received mental and medical treatment several times after the instant crime; and (iii) the Plaintiff A was absent from school due to depression, etc.; and (iv) the Defendant refused the commission of the crime during the criminal trial and made a statement as a witness at the court by the Plaintiff A; and (v) in light of the fact that the Plaintiff A appeared as a witness at the court, the Defendant is reasonable to pay the Plaintiff KRW 40 million as consolation money, and KRW 4,000,000 to the Plaintiff B, and KRW 4,000,000 to the Plaintiff and KRW 2,00,000 to the Plaintiff D.

3. Accordingly, the Defendant is obligated to pay damages for delay calculated by each ratio of 12% per annum under the Civil Act from July 1, 2018, which is the date of the instant tort to March 30, 2021, to the Plaintiff A, to the Plaintiff B, to KRW 4,00,000, to the Plaintiff C, and to the Plaintiff C, KRW 2,000,000, to the Plaintiff D, and each of the above payments, to the Plaintiff, as to the existence or scope of the Defendant’s duty to perform, from July 1, 2018, to the date of the instant judgment, to March 30, 2021, and from the next day to the date of full payment.

Therefore, the plaintiffs' claims are justified within the scope of the above recognition.

참조조문