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1. The Defendant’s KRW 20,559,928 as well as the Plaintiff’s KRW 5% per annum from November 13, 2018 to April 26, 2019.
Reasons
1. Facts of recognition;
A. On April 15, 2017, the Defendant attempted to have sexual intercourse with the Plaintiff while drinking alcohol with the Plaintiff at the restaurant run by the Defendant. In the course of breaking the beer’s disease, the Plaintiff’s knee, knee, knee, and resisting one another, and doing so, the Plaintiff suffered from the right-hand slots, etc. requiring three weeks of treatment.
(hereinafter “instant tort”). B.
On September 21, 2018, the Defendant was sentenced to imprisonment with prison labor for two years and six months for the crime of injury resulting from rape (Seoul High Court 2018No2733) in the instant tort on September 21, 2018. The Defendant appealed (Seoul High Court 2018No2733), but was sentenced to dismissal of appeal on November 30, 2018, and the Defendant appealed (Supreme Court 2018Do19781), but the judgment was finalized around that time after receiving the dismissal of appeal on January 18, 2019.
【Ground of recognition】 The fact that there is no dispute, entry in Gap's evidence 1, 2, 4, and 6, and the purport of the whole pleading
2. Determination
A. According to the above facts finding that the defendant committed the tort of this case against the plaintiff, as seen earlier, and therefore, it is clear in light of the empirical rule that the plaintiff suffered heavy mental suffering. Thus, the defendant is liable to compensate the plaintiff for consolation money for mental suffering suffered by the plaintiff.
B. According to the evidence No. 7-1, No. 2, and evidence No. 8-1 through No. 12 of the judgment on the claim for compensation of medical expenses, the Plaintiff’s payment of KRW 559,928 in total as medical expenses from April 15, 2017 to October 29, 2018 can be acknowledged as follows. 2) The judgment on the claim for compensation of damages of each of the above evidence and the statement No. 3 of the evidence No. 7-1, No. 8-1 to 12 of the evidence No. 7-1, No. 8-12 of the judgment on the claim for compensation of medical expenses. The Plaintiff and the Defendant are the same.