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(영문) 대전지방법원 2019.04.25 2018나113421
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant (Counterclaim Plaintiff) and the Defendant jointly.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On November 2016, the Plaintiff and Defendant B had sexual intercourses with each other at the drinking house located in Daejeon World Waredong on November 2, 2016, at the main point of the “E” located in Daejeon D around December 2, 2016, and had sexual intercourses between the Plaintiff and the Defendant B after drinking alcoholic beverages at the plenaryel.

(hereinafter “instant gender relationship”). B.

After about 10 days from the date on which the instant sex relationship existed, Defendant B filed a complaint against the Plaintiff as a crime of quasi-rape, but Daejeon District Prosecutors’ Office (No. 2017 type No. 8834) issued a disposition against the Plaintiff on March 31, 2017 on the following grounds.

E (hereinafter referred to as “the margin for inserting”) E

C. Although Defendant B filed an appeal, the Daejeon High Public Prosecutor’s Office (Seoul High Public Prosecutor’s Office) rejected the appeal on June 8, 2017. Accordingly, Defendant B filed an application for a ruling to dismiss the appeal, but Daejeon High Public Prosecutor’s Office (Seoul High Public Prosecutor’s Office) rejected the application on October 12, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. Despite the Plaintiff’s assertion and Defendant B’s sexual intercourse under the agreement, the Defendants conspired to file a false complaint with the Plaintiff. Defendant C forced the Plaintiff from time to time to time to call calls to the Plaintiff to recognize the Plaintiff’s desire, intimidation, and rape of Defendant B. As the Plaintiff refused this, the Defendants told the Plaintiff’s relatives to be rape, thereby impairing the Plaintiff’s reputation, and issued a written complaint to the Plaintiff’s school.

The Plaintiff suffered emotional distress due to the Defendants’ false accusation, frequent telephone communications, intimidation, defamation, etc.

Therefore, the Defendants are obliged to pay the Plaintiff KRW 30 million as consolation money.

B. Whether the liability for the payment of consolation money arises, Gap Nos. 4 and 4.

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