beta
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. The facts of recognition were charged against the Plaintiff for the crime of indecent act by compulsion as follows, and the judgment was finalized on May 19, 2015, by sentenceing a fine of KRW 1 million to the Busan District Court Branch Branch of the Dong Branch of the District Court (2014 High Court Decision 663).
(hereinafter “The instant indecent act by compulsion.” On November 27, 2013, the Defendant, around 09:30 on November 27, 2013, sent food materials to the D cafeteria located in Busan Shipping Daegu, and subsequently, committed an indecent act by coercioning the victim by forcing the victim to take care of the victim’s shoulder who was going to the front of the table table.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. The Plaintiff’s assertion that the Plaintiff was a restaurant employee, etc., but he received mental impulses due to the instant indecent act by compulsion, and did not work for 18 months due to the husband’s continued suspicion. As such, the Defendant is obligated to pay to the Plaintiff a total of KRW 20 million (= KRW 10,80,000,000 (= KRW 600,000 per month x 18 months) as compensation for damages caused by the tort, which is a total of KRW 20,000,000 (= KRW 10,000 per month x 18 months) and damages for delay.
3. Determination
A. Each of the evidence evidence Nos. 1 and 4 regarding the claim for lost profit occurred due to the Plaintiff’s failure to work due to the indecent act in this case.
or the amount is not sufficient to recognize that it is equivalent to KRW 600,000 per month, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim for this part cannot be accepted.
B. 1) Determination on the part of the claim for consolation money is not binding on the facts established in a criminal trial in a civil trial, even if it is not binding on the facts established in a civil trial, it should be viewed that the facts established in the judgment in the relevant criminal case that has already been established, unless there are special circumstances (see, e.g., Supreme Court Decision 91Da37690, May 22, 1992). 2) In light of the above