(영문) 서울서부지방법원 2020.3.13. 선고 2019가단255471 판결

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Cases

Plaintiff

Defendant

Conclusion of Pleadings

Imposition of Judgment

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.3.13. 선고 2019가단255471 판결

손해배상(기)

Cases

2019 Ghana 255471 Damages

Plaintiff

1. A;

Since it is a minor, father B, mother C

2. B

3. C.

[Judgment of the court below]

Defendant

1. D.

2. E.

3. F;

4. G.

5. H;

[Defendant-Appellant] Plaintiff 1 and 1 other (Attorney Yoon Jin-ho, Counsel for defendant-appellant)

Conclusion of Pleadings

February 7, 2020

Imposition of Judgment

March 13, 2020

Text

1. Defendant D shall pay to the Plaintiff 4,00,000 won and 2,00,000,000 won each of the above amounts to the Plaintiff and 5% per annum from June 4, 2019 to March 13, 2020, and 12% per annum from the next day to the date of full payment.

2. Defendant E and F jointly pay to Plaintiff A 3,00,000, and 1,500,000,000 won per annum to Plaintiff B and C, and 5% per annum from June 4, 2019 to March 13, 2020, and 12% per annum from the following day to the date of full payment.

3. Defendant G and H jointly pay to Plaintiff A 3,00,000, and 1,500,000,000 won per annum to Plaintiff B and C as well as 5% per annum from June 4, 2019 to March 13, 2020, and 12% per annum from the next day to the day of full payment.

4. The plaintiffs' respective remaining claims against the defendants are dismissed.

5. Of the costs of lawsuit, 50% is borne by the Plaintiffs, and the remainder 50% is borne by the Defendants, respectively.

6.Paragraphs 1, 2, and 3 may be provisionally executed.

Purport of claim

Defendant D shall pay to Plaintiff A 10,00,000 won each of the above amounts of KRW 4,00,000,000 and 12% interest per annum from June 4, 2019 to the delivery date of the complaint, and from the next day to the date of full payment, 5% interest per annum.

Defendant E and F jointly pay to Plaintiff A 6,00,000,000 won each of the above amounts of KRW 2,00,000,000 to Plaintiff B and C, and 5% per annum from June 4, 2019 to the delivery date of the complaint, and 12% per annum from the next day to the day of full payment.

Defendant G and H jointly pay to Plaintiff A 6,00,000,000 won each of the above amounts to KRW 2,00,000,000 and each of the above amounts to Plaintiff B and C, 5% per annum from June 4, 2019 to the delivery date of the complaint, and 12% per annum from the next day to the day of full payment.

Reasons

1. Formation of tort;

The plaintiffs' grounds for the claim of this case are as shown in the separate sheet (However, in case of I, J, and K, the indication of "the defendant" in the former part of the case of I, J, and K and the entry related to their responsibilities are removed, and the entry related to "Defendant L" shall be deleted), the scope of liability for damages - The facts related to the establishment of tort except for the portion of consolation money do not conflict between the parties, or can be acknowledged by considering the whole purport of arguments as a whole.

2. The amount of consolation money;

A. The amount of consolation money to be paid by the Defendants shall be determined as follows, comprehensively taking into account the relationship between the Plaintiffs and the Defendants, the background and degree of each indecent act committed by the Plaintiffs, I, J, and K, the degree of psychological and physical legacy of the Plaintiff M after the instant case, and other circumstances shown in the argument of the instant case.

1) Defendant D; KRW 4,000,000 for Plaintiff A; and KRW 2,00,000 for Plaintiff B and C, respectively.

2) Defendant E and F: KRW 3,000,000 for Plaintiff A, respectively, and KRW 1,500,000 for Plaintiff B and C

3) Defendant G, H; Plaintiff A: KRW 3,00,000; and Plaintiff B and C, respectively, KRW 1,500,000.

B. Therefore, the Defendants shall pay to the Plaintiffs each of the above consolation money and the damages for delay calculated at the rate of 5% per annum from June 4, 2019 to March 13, 2020, which is the date of this decision, and 12% per annum from the next day to the date of full payment.

3. Conclusion

The plaintiffs' claims against the defendants are partly accepted.

Judges

Judges Kim Sung-dae

Attached Form

A person shall be appointed.

유사 판례

-대구지방법원의성지원 2016.08.10 2015가단1750

-부산지방법원 2018.8.31.선고 2018나43682 판결

-대구지방법원경주지원 2020.06.24 2019가단3236

-서울서부지방법원 2020.03.13 2019가단255471