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(영문) 서울서부지방법원 2019.08.16 2019가단4048
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for each of the Plaintiff A and B; and (b) KRW 5,000,000 for Plaintiff D; and (c) KRW 2,00,000 for Plaintiff C, respectively.

Reasons

1. Facts of recognition A BD C E A EF G (based on recognition) and entry in the above A evidence Nos. 1 and 2

2. Determination

A. According to the facts acknowledged as above, each indecent act by the defendant constitutes a tort that infringes on the freedom of the plaintiff A, B's body or sexual self-determination (in light of the defendant's age (23 years old), intellectual ability (class 2 of intellectual disability), and the overall circumstances of each indecent act by compulsion of this case at the time of the crime of this case, it is reasonable to deem that the defendant had the responsibility for the tort at the time of the indecent act by compulsion of this case). Accordingly, it is obvious in light of the empirical rule that the above plaintiffs who are victims and their parents suffered mental suffering.

Therefore, the defendant is obligated to pay consolation money to the plaintiffs due to the above illegal act.

B. 1) Calculation of the scope of liability for damages 1) In consideration of the factual basis A B C(based on recognition), the written evidence Nos. 3, 4, and 5 above 3, 5, the purport of the argument as a whole, and 2) Determination of consolation money in consideration of various circumstances such as the relationship between the plaintiffs and the defendant, the background, mode and degree of the occurrence of the above indecent act, the defendant's attitude and other circumstances after the tort, and the degree of the plaintiffs' emotional distress, etc., the amount of consolation money for emotional distress suffered by the plaintiffs A and B is determined as KRW 10,000,000, KRW 5,000,000, and KRW 2,000,000, respectively.

C. Accordingly, the Defendant calculated the annual rate of KRW 10,00,000 for each of the Plaintiff A and B, KRW 5,000,000 for Plaintiff D, and KRW 2,00,000 for each of the said money to Plaintiff C, as of March 26, 2016, which is the final tort day, as of March 26, 2016, where it is deemed reasonable for the Defendant to resist the existence and scope of the obligation, as to the existence and the scope of the obligation, as of August 16, 2019, which is the date of this decision, and the annual rate of KRW 12% for each of the following day to the date of full payment.

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