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(영문) 창원지방법원 2015.12.01 2015나6009
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

A. At around 10:00 on December 8, 2013, the Defendant committed an indecent act by force against the Plaintiff who is under his supervision due to employment or other relationship, by reporting that the employees of the 1st floor of the “D” were enjoying the Plaintiff’s right at hand, and assaulting the Plaintiff on January 27, 2015 due to the above criminal facts, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the first time on January 27, 2015, and on February 25, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the first time on the part of the employees of the 1st floor of the “D,” and the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for an indecent act, etc. of the first time on January 27, 2015.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

B. According to the above facts of recognition, since the defendant committed an indecent act against the plaintiff and abused the plaintiff, and thereby suffered damage, the defendant is obligated to compensate the plaintiff for the damage caused by such unlawful act.

2. Scope of liability for damages

(a) Medical expenses: 9,500 won (based on recognition), each entry in the evidence Nos. 3 and 4;

B. The defendant recognized 5,00,000 won by taking into account all the circumstances revealed in the arguments of this case, such as the fact that the defendant committed an indecent act and assault against the plaintiff who is difficult to report it properly even if he was employed by himself, and the background of this case, the age and the degree of reason attributable to the defendant

C. Accordingly, the Defendant’s lawsuit promotion, etc. is related to the Plaintiff’s totaling KRW 5,09,500, as the Plaintiff seeks, from February 25, 2014, the date of the final tort, to March 12, 2015, the delivery date of the copy of the complaint in this case, and the promotion of the lawsuit from the following day to the date of full payment.

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