2014 Ghana 129670 Damage (as such)

A

B

July 17, 2015

August 28, 2015

1. The defendant shall pay to the plaintiff 10 million won with 5% interest per annum from April 18, 2014 to August 28, 2015, and 20% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 50% is borne by the Plaintiff, and the remainder 50% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 21,00,000 won with 5% interest per annum from April 18, 2014 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. The Defendant is a person operating a riding club called Chuncheon City C, and the Plaintiff is a female student who decided to teach at the above riding club.

B. On April 18, 2014, the Defendant worked at the above riding track (the age of 19 years at that time) and the Plaintiff, an employee of other E and the other E, have taken the drinking room. The Plaintiff, while he wanting to go to his house around the summer and going to the river basin of the defect that he would go to the house at his own time, stopped the Plaintiff’s body to the near of the above riding track and forced the Plaintiff to go to the river basin of the river basin, and subsequently, committed an indecent act by force by force by getting the Plaintiff’s chest to go to the near of the riding track.

C. The Defendant was indicted in the Chuncheon District Court 2014Kadan425,585 (Joint) due to a crime committed by drunk driving and indecent act by compulsion. On September 2, 2014, the Defendant was convicted of all of the charges and was sentenced to a two-year suspended sentence for one year of imprisonment, and the said judgment became final and conclusive.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including virtual numbers), and the purport of the whole pleadings

2. Determination

The defendant's above indecent act constitutes a tort that infringes on the plaintiff's body or sexual self-determination freedom, and thus, it is obvious in light of the empirical rule that the plaintiff suffered mental suffering. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff.

In light of the contents and degree of indecent acts by force committed by the Defendant, the background leading up to indecent acts by force, the circumstances leading up to the Plaintiff’s employment relationship, and the Defendant’s criminal punishment for indecent acts by force in this case, it does not seem to have any attitude of reflection on his act by denying that there was no indecent act like the above criminal facts even though the Defendant was under criminal punishment, as seen in the instant case, and there was no attitude of reflection on his act. Since the instant case, there was no serious apology against the Plaintiff or any effort to recover the Plaintiff’s damage, the amount of consolation money that the Defendant is liable to compensate the Plaintiff shall be determined as KRW 10 million by comprehensively taking into account the Plaintiff’s age,

Therefore, the defendant is obligated to pay to the plaintiff 10 million won consolation money and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from April 18, 2014, which is the date of this judgment, to August 28, 2015, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are without merit, and it is dismissed. It is so decided as per Disposition.

Judges Kim Jong-soo