2019 Ghana 59212 damages (ar)

A

Attorney Ahn Hong-ro, Counsel for the defendant-appellant

B

November 28, 2019

January 16, 2020

1. The defendant shall pay to the plaintiff 25,00,000 won with 5% interest per annum from April 23, 2018 to January 16, 2020, and 12% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 50 million won with 5% interest per annum from April 23, 2018 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

1. Basic facts

A. On February 19, 2019, the Defendant was prosecuted as charges of indecent acts, such as the facts stated in the separate sheet, and on February 19, 2019, the Sungwon District Court rendered a judgment of conviction for one year of imprisonment, two years of suspended execution, two years of community service order, 200 hours of order, 40 hours of order to attend sexual assault treatment, three years of restriction on employment.

B. The Defendant appealed against the judgment of the first instance court as Suwon District Court No. 2019No1498, but the above court dismissed the Defendant’s appeal on June 14, 2019. The Defendant appealed as the Supreme Court Decision 2019Do9106, but the Supreme Court rendered a judgment dismissing the appeal on September 9, 2019, which became final and conclusive as it is.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. Although a civil trial is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already finalized on the same factual basis was guilty is valuable evidence, and it cannot be acknowledged that there is no special circumstance where it is deemed difficult to adopt a judgment on the facts in a criminal trial in light of other evidence submitted in the civil trial (see Supreme Court Decision 2007Da69148, Feb. 14, 2008). In light of the above legal principles, the fact that the defendant was convicted of the defendant's crime committed by indecent act against the plaintiff in a criminal judgment that became final and conclusive against the plaintiff is examined as seen earlier, and there was no evidence or special circumstance that could reverse the recognition of the above facts. Therefore, it is reasonable to deem that the defendant committed a tort with the same content as recognized in the final and conclusive judgment against the plaintiff. Accordingly, the defendant is liable for compensation for mental damage suffered by the plaintiff due to the above tort.

B. Furthermore, the amount of consolation money to be paid by the Defendant shall be determined as KRW 25,00,000 in consideration of various circumstances shown in the pleadings of the instant case, such as health class, the content of the Defendant’s tort, the age and relationship between the Plaintiff and the Defendant, the degree of indecent act by compulsion, the Plaintiff’s mental impulse, and subsequent circumstances.

C. Therefore, the defendant is obligated to pay to the plaintiff 25,00,000 won and damages for delay calculated by the ratio of 5% per annum under the Civil Act from April 23, 2018 to January 16, 2020, which is the date of the judgment of this case where it is deemed reasonable for the defendant to dispute about the existence and scope of the obligation to pay to the plaintiff from April 23, 2018, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Conclusion

Therefore, the plaintiff's claim is reasonable within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges So-called

A person shall be appointed.