손해배상(기)
1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate from December 2, 2017 to July 5, 2019.
1. The Defendant, from December 22, 2016, visited the Plaintiff’s house located in Gwangjin-gu Seoul Special Metropolitan City, after prescribing a stroke-mm from around 19:00 on the same day, had the Plaintiff, who became aware of through the smartphone display on or around December 2, 2017, lose the spirit of eating the stroke-m, and decided to rape. On December 2, 2017, the Defendant visited the Plaintiff’s house located in Seoul Special Metropolitan City, Gwangjin-gu, and visited the Plaintiff on the pretext of creating the stroke-m, added the stroke-m to the stroke-m to the Plaintiff. The Defendant did not have sexual intercourse with the Plaintiff, who was unable to resist with the stroke-mm on or around 19:00 on the same day, and the Defendant did not have any dispute over the stroke-mm among the parties at issue or at around 21:41, 2018.
According to the above facts of recognition, since it is apparent in light of the rule of experience that the plaintiff was suffering from severe mental suffering due to rape of the defendant, the defendant is obligated to do so in monetaryly.
Therefore, in consideration of all the circumstances shown in the arguments in this case, such as the background, means, and method of the defendant's crime, the result of the crime, the relationship between the plaintiff and the defendant, and the criminal punishment of the defendant, it is reasonable to determine the amount of consolation money to be paid to the plaintiff as 35 million won.
2. In conclusion, the defendant is obligated to pay to the plaintiff 35 million won consolation money and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 5, 2019, which is the date of this decision, which is appropriate for the defendant to dispute about the existence or scope of the obligation to pay damages to the plaintiff from December 2, 2017, which is the date of this decision, to July 5, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment. Thus, the plaintiff's claim