1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On October 2017, the Defendant filed a complaint with the investigative agency to the effect that the Plaintiff was subject to similar rape and rape from the Plaintiff, but on March 28, 2018, the Plaintiff received a non-prosecution disposition from the Seoul Central District Prosecutors’ Office to the effect that there was no suspicion due to the lack of evidence for the crime of similar rape and the crime of rape committed by the Defendant from the Seoul Central Prosecutors’ Office.

B. Around April 2018, the Plaintiff filed an accusation against the Defendant. On December 21, 2018, the Defendant received a summary order of KRW 5,000,000 from the Seoul Northern District Court (Seoul Northern District Court Decision 2018 High Court Decision 2017Da1119, Nov. 21, 2018) that “The Defendant had sexual intercourse under the agreement with the Plaintiff, and had not been raped and raped by the Plaintiff but had not been punished by penal punishment against the Plaintiff.” The said summary order became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 7, 12, 13, 14, and 15, the purport of the whole pleadings

2. According to the above Paragraph (1) above, the defendant's liability for damages was acknowledged that the plaintiff was sexually rape and rape from the plaintiff for the purpose of having the plaintiff punished, and it is obvious in light of the empirical rule that the plaintiff suffered mental distress due to the above defendant's non-determination, and therefore, the defendant is liable to compensate the plaintiff for mental damage suffered by the plaintiff due to the above non-determination.

3. The scope of consolation money is reasonable to determine the amount of consolation money as KRW 7,00,000 in full view of the following circumstances: (a) the Defendant’s dismissal of the Plaintiff; (b) the period of up to six months from the Plaintiff’s non-suspected dismissal; and (c) the relationship between the Plaintiff and the Defendant.

4. As such, the plaintiff's claim is reasonable within the above scope of recognition, and the remaining claims shall be accepted and dismissed as there is no reasonable ground.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is legitimate.