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(영문) 서울북부지방법원 2019.11.22 2018가단137266
손해배상(기)
Text

1. The Defendant’s KRW 300,000 as well as the Plaintiff’s annual rate of 5% from November 21, 2018 to November 22, 2019.

Reasons

1. The plaintiff's plaintiff's assertion is between the Dong rent who worked in the same workplace. The defendant had sexual stress through sexual stories from the date when the plaintiff became a member, had an insulting speech, and had committed tort, such as assaulting the plaintiff and injuring the plaintiff, thereby seeking payment of KRW 10 million as compensation for damages.

2. Determination:

A. In full view of the existence or absence of liability for damages, and the purport of the entire argument in Gap evidence No. 1, it is recognized that the defendant assaulted the plaintiff in a way that the plaintiff's shoulder was seriously sealed by his/her shoulder while engaging in a dispute related to the plaintiff's business on April 7, 2018.

However, it is difficult to regard the remaining argument of the plaintiff as clearly specified, and there is no evidence to acknowledge it.

B. Since it is apparent in light of the empirical rule that the plaintiff suffered mental pain due to the above assault by the defendant within the scope of liability for damages, the defendant is obligated to compensate for mental harm suffered by the plaintiff, in light of the relationship with the original defendant, the circumstances leading to the assault and the degree of the assault, and all the circumstances shown in the argument in this case, it is reasonable to determine the amount of consolation money to be paid by the defendant as KRW 300,

C. If so, the defendant is obligated to pay to the plaintiff the consolation money of KRW 300,00 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 21, 2018 to November 22, 2019, the date following the delivery date of a copy of the complaint of this case sought by the plaintiff after the date of tort, to November 21, 2019, which is the date of the decision of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment.

3. Some of the Plaintiff’s claims are accepted on the same grounds as the conclusion of the agreement.

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