(영문) 의정부지방법원 2020.02.14 2018나212116

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(영문) 의정부지방법원 2020.02.14 2018나212116

손해배상(기)

Text

1. From November 18, 2014 to September 20, 2018, the defendant among the judgment of the first instance, as to KRW 30,000,000 to the plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. According to the fact of recognition of liability for damages, the Defendant, as a professor of the university directed the Plaintiff, committed a tort that causes sexual humiliation or aversion to the Plaintiff through an indecent act using one’s position.

Therefore, barring special circumstances, the defendant is liable to compensate the plaintiff for damages caused by the tort.

3. Judgment on the defendant's defense

(a) the summary of the argument No. 1-B and C;

The statute of limitations for the short-term extinction of the three-year period stipulated in Paragraph 1 of Article 766 of the Civil Code has already been completed.

B. Article 766(1) of the Civil Act provides that a claim for damages caused by a tort shall be extinguished by prescription if it is not exercised within three years from the date the injured party or his/her legal representative becomes aware of the damage and of the identity of the perpetrator.

The term "date when the victim or his/her legal representative becomes aware of the damage and the perpetrator" refers to the date when the victim or his/her legal representative has actually and specifically perceived the damage and the perpetrator, and the recognition is not sufficient only with the presumption or awareness of the occurrence of the damage but also with the fact that the act constitutes a tort, namely, the awareness of the fact of the requirement of the tort, that is, the existence of the illegal act, the occurrence of the damage, the occurrence of the damage, and the causal relationship between the damage and the damage.

In addition, when the victim et al. actually and specifically perceived the requirement of tort, it should be reasonably recognized in consideration of the various objective circumstances of the case and the situation in which the claim for damages is practically possible.

The liability for proof at the time when the damage was discovered shall be extinguished.

참조조문

-민법 제766조 제1항

-민사소송법 제420조

유사 판례

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