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1. The Defendant (Counterclaim Plaintiff) paid KRW 5,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 25, 2016 to April 5, 2019.
Reasons
1. Determination as to the principal lawsuit
A. The plaintiff asserts that the plaintiff suffered mental damage due to the defendant's indecent act by compulsion, and thus, he claims the payment of consolation money amounting to nine million won and damages for delay due to such tort.
On the other hand, the defendant asserts that there was no indecent act by compulsion as alleged by the plaintiff, and that the defendant is only subject to criminal punishment for suppression due to the act of false accusation, false accusation, false accusation, etc. of the plaintiff.
B. The facts of recognition 1) The Defendant indicted the following facts as charged by indecent acts by force, this Court Decision 2016No5589, May 11, 2017, and was sentenced to a fine of KRW 3 million upon conviction from the court. The Defendant’s appeal (Supreme Court Decision 2017No1065) and appeal (Supreme Court Decision 2017Do18767) were all dismissed, and the judgment of the first instance became final and conclusive as is, on October 25, 2016, the Defendant, the owner of the restaurant “C”, was at least 20:30,000 won, as the Plaintiff, who was working at the seat of the Plaintiff in Seongbuk-gu at around the time of entering the university, was charged with meals for the purpose of stopping the Plaintiff’s vehicle from the Plaintiff’s seat in Seongbuk-gu Seoul High School, and the Plaintiff’s seat in the Plaintiff’s seat next to the Plaintiff’s seat in Seongbuk-gu Seoul High School on the 19th day.
[Ground of recognition] Class A evidence Nos. 1, 2, Eul evidence Nos. 1 through 11, and the purport of the whole pleadings
C. Even if the relevant legal doctrine is not bound by the finding of facts in a criminal trial in a civil trial, the fact that a criminal judgment already finalized on the same factual basis is abundant.