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(영문) 서울남부지방법원 2020.09.16 2020가단238923
손해배상(기)
Text

1. Defendant A, Defendant D, Defendant E, and F, respectively, KRW 3,728,485, and Defendant D to Plaintiff B, KRW 5,587,757, and KRW 557, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiffs are workers who worked in G, and Defendant D is the spouse, Defendant E, and F of the network H, the representative director of the said corporation (hereinafter “the network”).

B. Around April 2019, the Deceased installed a smartphone with a photographing device attached to the shower in Yangcheon-gu Seoul, Yangcheon-gu I, and J-ho toilets, and recorded the image of the Plaintiffs from around that time to March 11, 2020 to around March 11, 2020.

(hereinafter “instant tort”). C.

The Deceased was the Seoul Southern District Prosecutors' Office 2020 type No. 22792 (Yancheon Police Station 2020-002017).

On May 2020, while being investigated under suspicion of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as the statement in paragraph (d), died in the middle of May 202.

As the Deceased died as above, Defendant D jointly succeeded to the property owned by Defendant D’s 3/7 shares, Defendant E and F respectively, 2/7 shares.

[Ground of recognition] Facts without dispute, Gap 1 through 7, and Gap 12's entries or videos, the purport of the whole pleadings

2. Determination

A. The alleged plaintiffs are obligated to pay consolation money in 30 million won for mental suffering suffered by the plaintiffs (the plaintiff A is 49,700 won for the plaintiff A, the plaintiff B is 38,100 won for the plaintiff C, and the plaintiff C is 51,500 won for the plaintiff C, which is an explicit part of the claim) and the plaintiff's 30 million won for mental suffering.

B. 1) As seen earlier than the occurrence of the liability for damages, the deceased’s act of photographing the body of the deceased who could cause a sense of shame against the intent of the plaintiffs constitutes a tort. The Defendants, the inheritor of the deceased, have a duty to compensate for the amount equivalent to the inherited share out of the damages suffered by the plaintiffs. 2) Medical expenses A9 through 11 (including the number of numbers if each number is included);

In full view of the purport of the entire pleadings, the Plaintiffs are mentally shocked by the tort of this case.

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