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(영문) 대구지방법원 2016.2.17. 선고 2015가단30302 판결

손해배상(기)

Cases

2015 Ghana 30302 Damages

Plaintiff

A

Defendant

1. B

2. C

Conclusion of Pleadings

January 29, 2016

Imposition of Judgment

February 17, 2016

Text

1. The Plaintiff: (a) the Defendants shall pay to the Plaintiff the amount of KRW 5,00,00 and each of the said amounts with 15% interest per annum from December 24, 2013 to August 5, 2015 to the Defendant B; (b) 5% per annum from the following day to September 6, 2015 to the date of full payment; and (c) 20% per annum from the following day to September 30, 2015 to the date of full payment.

2. The plaintiff's remaining claims against the defendants are dismissed.

3. Two-minutes of litigation costs are assessed against the Plaintiff, and the remainder is assessed against the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The Plaintiff shall pay 15,00,000 won to Defendant B, 10,000 won to Defendant C, and 5% per annum from December 24, 2013 to the delivery date of a copy of the instant complaint, and 20% per annum from the next day to the day of full payment.

Reasons

1. Facts of recognition;

A. Defendant B is an operator of the 'E' restaurant located in Daegu Jung-gu, and Defendant C is an occupant of the said restaurant, and the Plaintiff (F students) was a person who worked in the said restaurant from November 20, 2013 to December 24, 2013.

B. Defendant B, from around December 8, 2013 to around December 21, 2013, referred to as “in the above restaurant, the Plaintiff’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

다. 피고 C는, ① 2013. 11.말경 위 식당에서 원고를 강제추행할 마음을 먹고 원고의 브래지어 후크 부분이 있는 곳의 등 부위를 두드리는 등 청소년인 원고를 강제추행하고, ② 2013. 12. 23.경 같은 장소에서 원고를 강제추행할 마음을 먹고 손가락을 펴서 원고의 옆구리 부분을 수회 찌르면서 "오빠 손을 허리가 쑥쑥 무네."라고 말하는 등 청소년인 원고를 강제추행하고, ③ 2013. 12. 24.경 같은 장소에서 원고를 강제추행할 마음을 먹고 손가락을 펴서 원고의 옆구리 부분을 수회 찌르는 등 청소년인 원고를 강제 추행하였다.

D. The Defendants were indicted by the Daegu District Court 2014Gohap248 on the grounds of the foregoing suspicion, and were sentenced to a fine of KRW 5,00,000 from the above court on December 5, 2014, and each of the Defendants and the Prosecutor appealed with Daegu High Court 2014No745 on September 17, 2015, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since it is apparent in light of the empirical rule that the plaintiff suffered a large amount of physical and mental pain due to the above tort committed by the defendants, the defendants are liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above tort.

B. We examine the amount of damages. Considering various circumstances revealed in the argument of this case, such as the fact that the plaintiff was a juvenile who was about 17 years only at the time of the above tort and caused severe mental shock, it is reasonable to determine the amount of consolation money to be compensated by the plaintiff as KRW 5,00,000, respectively.

C. Therefore, the Defendants are obligated to pay to the Plaintiff 5,00,000 won and each of the above amounts to the Plaintiff from December 24, 2013 to August 5, 2015, which is the delivery date of a copy of the complaint for Defendant C; 5% per annum under each Civil Act until August 6, 2015, which is the delivery date of a copy of the complaint for Defendant C; and 3(1) main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015; 20% per annum of the statutory interest rate under each of the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 2653, Sep. 25, 2015); and 3% from the next day to the day of full payment, the damages for delay calculated at the annual interest rate of each Article 3(1)5(1).

3. Conclusion

Therefore, the plaintiff's claim against the defendants of this case is justified within the scope of the above recognition, and each of them is accepted, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Seo Young-young