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(영문) 수원지방법원 2016.01.27 2015나16368
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this part of the basic facts are the same as the entry in the column of "1. Basic Facts" judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant committed a tort of quasi-rapeing the plaintiff, and that the plaintiff suffered mental pain, so the defendant, who is a tort, has the obligation to pay consolation money of KRW 20 million to the plaintiff (the plaintiff raised an appeal only against the part of consolation money of KRW 10 million which was quoted in the court below, as seen earlier, as well as the part of consolation money of KRW 10 million which was lost by the court below) and damages for delay.

In this regard, the defendant asserts that there is no evidence to see that the plaintiff suffered any mental damage even if the plaintiff was quasi-rape, only sexual intercourse under the agreement with the plaintiff and did not have any fact of quasi-rape.

B. Determination 1) In a civil trial, even if it is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already became final and conclusive as to the same factual basis is valuable evidence, and thus, it cannot be acknowledged that the facts opposed to the judgment in a criminal trial are not admissible in light of other evidence submitted in the civil trial (see, e.g., Supreme Court Decision 97Da24276, Sept. 30, 1997) unless there are special circumstances where it is deemed difficult to adopt the judgment of facts in a criminal trial in light of other evidence (see, e.g., Supreme Court Decision 97Da24276, Sept. 30, 1997). The defendant submitted a transcript which compiled the conversation between the defendant and the plaintiff 85 minutes as evidence during the investigation process, and the plaintiff'

In full view of the evidence No. 4 and the purport of the entire pleadings in the above criminal trial process, the defendant is required to make a statement in the evidence No. 4.

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