2018 Ma68966 Damages

1. A;

2. B

Attorney Lee Dong-ho, Counsel for defendant-appellant

C

May 2, 2019

June 13, 2019

1. The defendant shall pay to the plaintiff A 10,00,000 won, 2,00,000 won to the plaintiff B, and 15% interest per annum from December 22, 2018 to June 13, 2019, and 15% per annum from the next day to the day of complete payment.

2. The plaintiffs' remaining claims are all dismissed.

3. Of the costs of lawsuit, 75% is assessed against the Plaintiffs, and the remainder is assessed against the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 50,000,000 won with 15% interest per annum from the day following the day of service of a copy of the complaint of this case to the day of complete payment.

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence Nos. 1 and 6, the plaintiffs are married and wife, and the defendant is residing in the same apartment as the plaintiffs. The defendant confirmed that the plaintiff was married to the house on March 29, 2018, and found the plaintiff A and found the plaintiff A to find the plaintiff's shoulder, kid the plaintiff's shoulder, kid the plaintiff's kid, and kid the plaintiff's kid against the sofa, etc., and the defendant was sentenced to imprisonment for eight months in the Ulsan District Court 2018 Godan103 case due to the crime of the above indecent act.

B. According to the above facts, it is clear in light of the empirical rule that the plaintiff A and his husband, who is the victim, suffered mental pain due to the defendant's indecent act by compulsion, and therefore, the defendant is obliged to compensate the plaintiffs for mental damage caused by the defendant's indecent act by compulsion.

C. Taking into account all the circumstances revealed in the arguments in this case, such as the relationship between the plaintiffs and the defendant, the course and degree of indecent act by compulsion, and the situation before and after the lawsuit in this case, it is reasonable to determine consolation money that the defendant is liable to compensate the plaintiff Gap as KRW 10,000,000, and consolation money that the defendant is liable to compensate the plaintiff Eul as KRW 2,000,000. Therefore, the defendant is liable to pay to the plaintiff A consolation money as KRW 10,000, consolation money as well as KRW 2,00,000, and damages for delay calculated at the annual rate of 15% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 22, 2018, the day following the delivery of a copy of complaint in this case for which the plaintiffs sought against the plaintiff as to the existence and scope of the defendant's performance obligation.

2. Conclusion

The plaintiffs' claims are justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges Yoon Jae-won