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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from June 18, 2014 to November 3, 2015.
Reasons
1. Facts of recognition;
A. On June 18, 2014, at around 01:00, the Defendant: (a) viewed the Plaintiff, who was under the influence of alcohol at a company office located in the Daegu-gu Office Office, Daegu-gu Office, as a workplace partner; (b) exceeded the Plaintiff’s own clothes with a view to her panty; and (c) exceeded the Plaintiff’s panty by putting the Plaintiff’s finger off; and (d) committed similar rape by taking advantage of the Plaintiff’s refusal to resist.
B. The Defendant was indicted for the foregoing criminal facts and was sentenced to a two-year suspended sentence at the first instance court (Tgu District Court 2014 High Court 2014Gohap469). The Prosecutor appealed against this, but the appellate court (Tgu High Court 2014No711) rendered a judgment dismissing the appeal and became final and conclusive as it is.
C. The defendant deposited a total of KRW 20 million for the plaintiff in the above criminal case procedure.
[Reasons for Recognition] Facts without dispute, Gap evidence 6 through 9, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the defendant committed a tort such as quasi-rapeing rape against the plaintiff, and therefore, it is obvious in light of the empirical rule that the plaintiff suffered mental suffering. Thus, the defendant is obligated to do so in monetaryly to the plaintiff.
I would like to say.
B. Furthermore, in full view of all the circumstances shown in the arguments in the instant case, including health team, the above-mentioned facts, and the details and developments leading up to the tort committed by the Defendant against the Plaintiff, the following developments, the relationship between the Plaintiff and the Defendant, the Plaintiff’s age, family relationship, Defendant’s age, occupation, etc., the amount of consolation money shall be set at KRW 30,000,000. However, the amount of consolation money deposited by the Defendant for the Plaintiff shall be deducted from the amount of consolation money.
C. Therefore, the Defendant’s obligation to perform the Plaintiff’s obligation from June 18, 2014, which was an illegal act, as to KRW 10,000,00,000.