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(영문) 광주지방법원 2019.10.17 2018나63296
손해배상(기)
Text

1. Of the part against Defendant C in the judgment of the court of first instance, the part against which additional payment is ordered below.

Reasons

1. Summary of the plaintiff's assertion

A. Defendant B had access to the Plaintiff, who works as the source of occupation of DNA, and had committed a tort of sexual assaulting the Plaintiff 7 to 8 times in total by deceptive means, on the grounds that Defendant B, “the father and the mother are not good and divorced, and married to the same person,” etc., and thus, Defendant B has a duty to compensate the Plaintiff for mental damage caused by the said unlawful act.

B. Defendant C, in collaboration with Defendant E on September 11, 2016, committed joint assault by putting the Plaintiff’s head debt, breaking it down on the floor, etc. On the ground that Defendant C, while showing the Plaintiff’s photograph among many people, such as employees F, etc., within a marina operated by the Plaintiff on November 2016, Defendant C committed a tort that defames the Defendant’s reputation by sound as “this woman is her husband and fright female with our husband.” As such, Defendant C is liable to compensate the Plaintiff for emotional distress caused by the said tort.

2. Determination

A. The claim against Defendant B was examined, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s tort, and there is no other evidence to acknowledge this otherwise. Rather, in full view of the purport of the entire pleadings, the Plaintiff filed a complaint against Defendant B by fraudulent means against Defendant B by sexual assault, etc. on March 14, 2018, however, the prosecutor of the Gwangju District Court’s Macheon Branch Office can only acknowledge the fact that the Plaintiff was subject to the disposition of non-prosecution disposition of suspicion (defluence of evidence).

Therefore, this part of the Plaintiff’s assertion is without merit without further review on the remainder of the issue.

B. Comprehensively taking account of the overall purport of the arguments in each statement of evidence Nos. 1, 1, 6, and 7 against Defendant C, Defendant C jointly assaults with Defendant C, who discovered that the Plaintiff had with Defendant C, the husband of the Defendant C, at G unmanned telecom, located in several cities on September 11, 2016, the Plaintiff was found to have together with his/her husband, and he/she committed joint assault by cutting down the Plaintiff’s head debt and cutting down it over the bottom.

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