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(영문) 대전지방법원 2021.02.03 2020가단8873
손해배상(기)
Text

The Defendants jointly share 20 million won with the Plaintiff, and 5% per annum from June 21, 2019 to February 3, 2021.

Reasons

1. Facts of recognition;

A. On June 21, 2019, the Defendants: (a) taken the body and the body of the body of the body of a person who was frightened by the Plaintiff in drinking and drinking together; (b) had sexual intercourse once with the Plaintiff by taking advantage of the impossibility of resistance, taking the body of the body of the body and the body of the body of the person who was frightened by the Plaintiff.

On October 25, 2019, the above act committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Daejeon District Court (special rape), etc., Defendant C was sentenced to imprisonment for a maximum of three years and three years and three years, and Defendant D was sentenced to imprisonment for a maximum of four years and three years and six months, and the judgment on January 29, 2020 became final and conclusive.

B. The Plaintiff received mental therapy due to the above sexual assault injury, such as stress disorder, apprehension and depression disorder, etc., and paid 841,270 won for medical expenses incurred in the Plaintiff’s medical care.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 and 8, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, since the defendants committed a tort against the plaintiff and it is obvious in light of the rule of experience that the plaintiff was suffering from the mental impulse and pain that the plaintiff could not speak, the defendants are responsible for compensating for not only medical expenses but also mental damage suffered by the plaintiff.

As to the scope of damages, in full view of the following circumstances: (a) the degree of suffering suffered by the victim is a high school student with the age of the victim; (b) the background and method of the harm inflicted by the Defendants; (c) the circumstances after the act; and (d) the age, property, and living conditions of the Defendants, it is reasonable to determine the sum of medical expenses and consolation money to be paid by the Defendants as KRW 20 million

B. The Defendants jointly calculates the Plaintiff at a rate of KRW 20 million per annum as stipulated in the Civil Act from June 21, 2019 (the date of tort) to February 3, 2021 (the date when a dispute over the existence and scope of the Defendants’ obligations is rendered) and 5% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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