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(영문) 광주지방법원 2015.08.19 2015나867
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff and the defendant are residents of Yeongdeungpo-si apartment complex, and the plaintiff is the head of the above apartment complex.

B. On June 30, 2013, around 18:30 on June 30, 2013, the Plaintiff sought the above apartment 211, which is the Defendant’s residence, to obtain a certificate of receipt of the resident registration certificate issued to the Defendant’s grandchildren.

C. On October 14, 2013, the Plaintiff filed a complaint against the Defendant on the date and time set forth in the preceding paragraph on the ground that the Defendant committed assault, bodily injury, or indecent act by compulsion. On the part of the Defendant, the Plaintiff was sentenced to a judgment of non-prosecution on the grounds that there was no suspicion (No. 10576, No. 12457 of the Gwangju District Prosecutors’ Office, 2013, No. 1057, No. 12457), and the Defendant was sentenced to a punishment of a fine of KRW 30,000 on May 29, 2014.

(Reasons for Recognition) The fact that there is no dispute, No. 1, and the purport of the whole pleadings of the Gwangju District Court (Ground for Recognition), the evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On June 30, 2013, the Plaintiff alleged that the Defendant committed indecent acts by compulsion by force, such as cutting the Plaintiff’s timber and drinking the body. As a result, the Plaintiff spent 7.8 million won for medical expenses, 3 million won for the attorney’s appointment to file a complaint against the Defendant, and 2.37 million won for mental damage.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 6.15 million ( KRW 7.8 million KRW 3 million KRW 2.3 million) and damages for delay.

(1) The first instance court accepted only KRW 300,000 of the above amount, and the defendant did not appeal, and the plaintiff appealed only the above KRW 300,000 of the claim amount, except for the above KRW 300,000 of the claim amount and the damages for delay, so the subject of the first instance trial is the claim for KRW 585,00 and the damages for delay.

Judgment

Each statement of Gap evidence Nos. 1, 2, and 4 (including the Serial Nos. 1, 2000) is alone, and other physical strengths other than that of the defendant pushed the plaintiff on June 30, 2013.

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