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(영문) 부산지방법원서부지원 2019.01.09 2018가단105642
손해배상(기)
Text

1. The Defendant: (a) against Plaintiff A, KRW 25,00,00; (b) against Plaintiff B, and Plaintiff C, respectively, KRW 5,00,00,00; and (c) against each said money.

Reasons

1. Facts of recognition;

A. Plaintiff A is a student who was enrolled in a music education institute operated by the Defendant, and Plaintiff B and Plaintiff C are the parents of Plaintiff A.

B. On February 8, 2018, the Defendant was convicted of imprisonment with prison labor for three years due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13) and a violation of the Child Welfare Act (in the case of sexual harassment, etc. against children), and appealed with Busan High Court Decision 2018No166, Jul. 11, 2018, the Defendant was sentenced to dismissal of appeal on July 2018, and again appealed with Supreme Court Decision 2018Do12379, Oct. 25, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged as above, the Defendant committed an illegal act committed by the Defendant by compulsioning the Plaintiff A, who is a minor, and committed sexual abuse against the Plaintiff A, and the Plaintiff B and C, who is its parent, suffered from mental pain due to this is obvious in light of the empirical rule. Therefore, the Defendant is obliged to accept the compensation in money.

B. All circumstances revealed in the argument of this case, namely, at the time of the tort of this case, the plaintiff A was a minor who was attending the music education institute operated by the defendant, and the defendant appears to have committed the tort of this case, although the nature of the crime was very poor, and the plaintiff A seems to have suffered considerable sexual humiliation and mental impulse due to the tort of this case, etc., the amount of consolation money shall be paid to the plaintiff A, taking into account the fact that the plaintiff A was likely to have received considerable sense of sexual humiliation and mental impulse.

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