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(영문) 광주지방법원 2018.10.23 2018가단508231
손해배상(기)
Text

1. The plaintiff

A. Defendants are jointly and severally liable for 6,445,740 won and as from April 16, 2017:

B. Defendant B.

Reasons

1. Facts of recognition;

A. The Plaintiff (D students) is a fixed-term teacher teaching the class at elementary schools and universities.

B. Around April 14, 2017, Defendant B had sexual intercourse under the agreement with the Plaintiff. When the Plaintiff refused to teach as a sexual intercourse, Defendant B had the intention to resist the Defendant that the Plaintiff had sexual intercourse by the Plaintiff’s strong pressure.

C. Defendant B and Defendant C, at around 16:50 on April 15, 2017, found the Plaintiff’s University with Defendant B at the Plaintiff’s University, and caused disturbance, such as “Rape”, “sexual assault,” and “sexual assault,” which the Plaintiff was able to criticize and criticize the Plaintiff.

On May 27, 2017, Defendant B filed a complaint against the Plaintiff for rape.

E. On September 26, 2017, an investigative agency that investigated a rape complaint case, recognized that the Defendant B and the Plaintiff had sexual intercourse under the agreement and rendered a final decision that the Plaintiff was innocent on September 26, 2017. Defendant B was prosecuted for a false accusation and was convicted of a non-suspecting crime under the Gwangju District Court 2017Ma4272 on February 22, 2018, and was sentenced to a punishment for six months, and the said conviction became final and conclusive.

F. The Plaintiff’s act of false accusation by Defendant B discontinued his school’s lecture.

G. In order to defend the investigation of a criminal case for which an accusation was filed against an accusation, the Plaintiff paid 21,000,000 won to attorney-at-law E at the cost of appointing an attorney-at-law on June 9, 2017, and paid 5,500,000 won to attorney-at-law F on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 9, 17, 18, the whole purport of the pleading

2. Liability for damages;

A. As seen earlier, even though the Plaintiff did not rape Defendant B, the Defendants’ act of noise, criticism, and assaulting at the site where the Plaintiff took lessons as the Plaintiff’s teacher constitutes a tort falling under assault and defamation against the Plaintiff.

As such, it can be seen.

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