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(영문) 수원지방법원평택지원 2014.12.19 2014가단7839
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relevant plaintiffs and the defendant B are the employees of the E Hospital located in Pyeongtaek-si, and the defendant C is the head of the F Counseling Center, and the defendant D is the vice head of the above E Hospital.

B. On November 12, 2013, the Plaintiff took a ceremony with the workplace rent, including Defendant B, and used his own car to move before Defendant B’s place of residence. However, Defendant B only delivered Defendant B’s chest and kis within the said car, and Defendant B filed a complaint with an investigative agency on the charge of indecent act by force, around December 19, 2013. However, on March 21, 2014, the Plaintiff was subject to the disposition of “no suspicion (Evidence of Evidence)” from the housing site of the Suwon District Prosecutors’ Office at the Suwon District Prosecutors’ Office.

C. On August 1, 2001, the Plaintiff entered the E Hospital and was on duty as the head of the Emergency Medical Center’s team at the time of renewal of an annual employment contract, and retired on December 17, 2013.

[Reasons for Recognition] Facts without any dispute, Gap's statements, 7, 10, 11, 12, 15-15, and the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. The gist of the Plaintiff’s assertion is that, although the Plaintiff did not commit the crime of indecent act by compulsion against Defendant B, Defendant B did not commit a quasi-indecent act by compulsion against the Plaintiff, Defendant B is liable for tort against the Plaintiff, and Defendant B is liable to pay KRW 30 million as consolation money for the Plaintiff’s mental damage.

B. In making a judgment 1 accusation, etc., if the complainant knew or did not know the existence of a crime against the accused, etc. due to his/her negligence, the complainants, etc. are liable to compensate for the damages suffered by the accused, etc. due to such accusation or accusation

Therefore, the judgment of the complainant's intention or negligence shall be based on the good manager's care.

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