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(영문) 서울서부지방법원 2019.10.24 2019나34712
손해배상(기)
Text

1. The judgment of the first instance, including the claims added by this court, shall be modified as follows:

The defendant.

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff and the Defendant were the employees of the Seoul Regional Headquarters of C&C, and that the Defendant committed a tort as follows. The Defendant sought payment of KRW 30,000,000 as compensation for the Plaintiff’s mental damage.

On July 4, 2017, 2017, when the meeting ceremony of the So-gu Uniforms Association has been terminated, the defendant had the plaintiff under the influence of alcohol as the plaintiff's house, and had sexual intercourse with the plaintiff under the influence of alcohol.

B. On November 28, 2017, the Defendant, within the Plaintiff’s residential elevator, committed an indecent act by force against the Plaintiff in a way that the Plaintiff gets a lar and arms, and the Plaintiff gets close close to the Plaintiff.

C. On January 26, 2018, the Defendant: (a) stated that “the Plaintiff was a good defendant; (b) the Plaintiff and the Defendant were dead; and (c) displayed the Defendant’s filing of a lawsuit claiming damages on the grounds of an unlawful act filed by the Defendant’s spouse against the Plaintiff, thereby impairing the Plaintiff’s reputation.

On August 2017, the Defendant stated that the Defendant and the Plaintiff were dead to work workers D, and that the Plaintiff was sexual intercourse E with the work partner as of October 2017, the Defendant infringed on the Plaintiff’s personal rights, privacy and freedom and damaged honor.

2. Determination

A. 1) The evidence submitted by the Plaintiff to determine the assertion of quasi-rape and indecent act by compulsion alone is insufficient to recognize that the Defendant had sexual intercourse with the Plaintiff in a state of failing to resist under the influence of alcohol on July 4, 2017, and on November 28, 2017, the Defendant committed indecent act by compulsion of the Plaintiff, and there is no other evidence to find otherwise. Accordingly, the Plaintiff’s assertion on this part is without merit. In full view of the overall purport of the arguments in the evidence Nos. 9, 26, 27, the judgment on the act committed on January 26, 2018, the Plaintiff and the Plaintiff’s mother on January 26, 2018, are the first floor of the Seoul Regional Headquarters of the Seoul Construction Corporation.

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