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(영문) 대구지방법원서부지원 2015.07.23 2014가합3260
손해배상(기)
Text

1. Defendant C shall be KRW 1,800,000, Defendant D, E, and F, respectively, and Defendant C shall be KRW 1,200,000, and Defendant C shall be KRW 1,200,00,00.

Reasons

1. Facts of recognition;

A. The plaintiff A is the wife of the plaintiff, and the defendant C is the wife of the deceased G (hereinafter "the deceased"), the defendant D, E, and F are the children of the deceased.

B. On April 2014, the Deceased brought the Plaintiff A, a dementia patient, in the warehouse of the Deceased’s residence, and she committed two indecent acts, such as taking the chests into her hand, and taking them into her hand, and on June 9, 2014, around 10:30, the Deceased committed an indecent act once by the same method (hereinafter collectively referred to as “instant indecent act”).

C. The Deceased died on February 11, 2015 while being tried due to the instant indecent act.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3 through 6 (including each number, if any), Eul evidence Nos. 3 through 8, the witness H's testimony, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged as above, it is clear in light of the empirical rule that the deceased's indecent act by compulsion of the plaintiff A, and the plaintiff B, his husband, suffered mental suffering. Thus, the defendants, the deceased's heir, have a duty to compensate for consolation money for mental suffering suffered by the plaintiffs.

B. Furthermore, in light of the scope of liability for damages and the amount of consolation money that the Defendants are liable to compensate for to the Plaintiffs, considering the content, method and degree of the indecent act in this case, the Plaintiffs and the Deceased’s age, and the deceased’s death while being tried on the indecent act in this case, it is reasonable to determine the amount of consolation money as KRW 5.4 million against Plaintiff A and KRW 3.6 million against Plaintiff B. If it is divided according to the Defendants’ share of inheritance, it is as listed below.

Defendant C’s Defendant D’s total KRW 1,200,000 KRW 1,200,000 KRW 1,200,000 KRW 5,400,000 KRW 1,200,000 KRW 800,000 KRW 8,00,000 KRW 8,00,0000 KRW 8,00,0000 KRW 8,00,0000 KRW 3,60,0000.

C. Accordingly, the Defendants were liable to perform their duties from June 9, 2014, which was the date of the final indecent act on the same money as indicated in the above table, to the Plaintiffs as consolation money.

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