2018 Ghana 24552 Damages

A

Law Firm Shin (Law Firm Shin & Lee, Counsel for defendant-appellant)

Attorney Lee In-bok

B

May 15, 2019

June 12, 2019

1. The defendant shall pay to the plaintiff 8,249,620 won with 5% interest per annum from January 20, 2017 to June 12, 2019, and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 75% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 3,249,640 won with 5% interest per annum from January 20, 2017 to the service date of a copy of the application for amendment of the purport of the claim as of May 14, 2019, and 15% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff was the chairman of the council of occupants’ representatives at the time of leisure, and the Defendant was the head of the council of occupants’ representatives at the time of leisure, and the Defendant was the head of the council.

B. On December 30, 2016, the Defendant, at around 15:30, intended to keep the account books of operating expenses with the Plaintiff from the office of the council of occupants’ representatives located in the second floor of the above apartment management office, and intended to make the Plaintiff sell with the Plaintiff’s own hand while organizing the account books of operating expenses, but refused to make it, the Defendant continued to move to the entrance of the said office of occupants’ representatives’ representatives, and attempted to force the Plaintiff to commit an indecent act on the part of the Plaintiff.

C. Around 20:00 on January 11, 2017, the Defendant committed an indecent act by force against the Plaintiff, on his hand, on the part of the Plaintiff’s driver’s driver, who was parked in the E restaurant near the above restaurant while moving to the head of the vehicle of the Plaintiff’s driver, who was parked in the above restaurant, in order to return home with the Plaintiff’s representative F, G, and the elderly president H, including the Plaintiff, at the E restaurant located in P, in order to return home.

D. The Defendant, at around 11:00 on January 20, 2017, arranged the account books of operating expenses with the Plaintiff at the above council of occupants’ representatives, and “I am sather with the Plaintiff’s own arms, and “I am sather with the intention of mind,” and committed indecent act by force against the Plaintiff.

E. On November 10, 2017, the Defendant was indicted on the facts constituting the above indecent act by force and the attempted crime by force, and the above court sentenced the Defendant to six months of imprisonment and two years of suspended execution, and sentenced the Defendant to a conviction ordering the Defendant to attend sexual assault treatment lectures for 40 hours. The above conviction was dismissed on May 16, 2018, and dismissed on July 13, 2018, and became final and conclusive as it is.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 14, and 16, and purport of the whole pleadings

2. Determination

(a) Occurrence of liability for damages;

According to the above facts of recognition, the defendant forced the plaintiff to commit an indecent act or indecent act, thereby causing physical and mental pain to the plaintiff. Thus, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above unlawful act.

However, the plaintiff asserts that the defendant had impaired the plaintiff's reputation by claiming that he had impaired the plaintiff's reputation with the plaintiff as the head of the apartment management office as the relation with the plaintiff. Therefore, this part of the plaintiff's assertion is not acceptable, since there is no evidence to acknowledge this differently.

(b) Scope of damages;

1) Medical expenses

Comprehensively taking account of the overall purport of the arguments in the statement Nos. 9, 10, 12, 13, and 24 (including paper numbers) of the Plaintiff’s indecent act by compulsion, etc., the fact that the Plaintiff was diagnosed by depression, influence, and doubles, and paid KRW 3,249,620 in total from the medical expenses can be acknowledged. As such, medical expenses of the Plaintiff are recognized as property damage.

2) Consolation money

In full view of all the circumstances revealed in the pleadings of the instant case, including the relationship between the Plaintiff and the Defendant, the specific circumstances leading up to the Defendant’s indecent act by compulsion, the degree of mental impulse that the Plaintiff would have received due to the Defendant’s above crime, the circumstances and circumstances before and after the instant lawsuit, and the sentencing of criminal cases against the Defendant, it is reasonable to determine consolation money to be paid to the Plaintiff by the Defendant

C. Sub-committee

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 8,249,620 for damages (i.e., KRW 3,249,620 for property damage + KRW 5,000 for consolation money + KRW 5,000 for consolation money) and damages for delay calculated at the annual rate of interest under Article 3(1) main sentence of Article 2(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from January 20, 2017, which is the date of the decision of this case, to June 12, 2019; Article 3(1) of the Civil Act; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment (amended by Presidential Decree No. 29758, May 21, 2019).

3. Conclusion

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Round