logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.05 2015나4384
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff claims consolation money for mental distress caused by the Defendant’s indecent act by compulsion on November 7, 2013 (hereinafter “instant tort”).

However, according to the statement in Eul evidence No. 1 (Agreement), the plaintiff and the defendant on Nov. 7, 2013 acknowledged that they agreed to the tort of this case and agreed to not impose civil or criminal liability thereafter (hereinafter "non-committee agreement of this case"). Accordingly, the lawsuit of this case is unlawful as a lawsuit filed against the non-committee agreement of this case.

As to this, the plaintiff has no choice but to make a written agreement by the strong pressure of the restaurant operator, which is the plaintiff's employer, so it is a defense to the effect that the agreement of this case has no effect and there was no actual agreement with the defendant, but there is no evidence to acknowledge it.

2. As such, the plaintiff's lawsuit of this case is unlawful and thus, it is dismissed. Since the judgment of the court of first instance differs from this conclusion, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and it is decided as per Disposition.

arrow