2015 Ghana 203057 Damages

A

B

June 22, 2016

August 17, 2016

1. The defendant shall pay 7,079,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 70% is borne by the Plaintiff, and the remainder 30% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay 30,000,000 won to the plaintiff.

1. Facts of recognition;

At around 23:00 on January 6, 2014, the Defendant was convicted of the Defendant’s sexual assault treatment program completion on May 28, 2014 as Seoul Central District Court Decision 200,000,000 won, and 24 hours’ sexual assault treatment program completion order, which became final and conclusive as is, on the part of the Plaintiff, as seen below, as the Plaintiff’s left chest to her on his hand and her part, engaged in an indecent act by force (hereinafter “the instant indecent act”). Thereafter, the Defendant was prosecuted for criminal facts committed by the said indecent act and was sentenced to a conviction of the Defendant on May 28, 2014 as Seoul Central District Court Decision 200,000 won, and 24 hours’ sexual assault treatment program completion.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 5, the purport of the whole pleadings

2. Determination

(a) Occurrence of liability for damages;

According to the above facts, the defendant is responsible for compensating the plaintiff for damages incurred by the plaintiff due to the tort of the indecent act by compulsion of this case.

B. Scope of liability for damages

1) Medical expenses

According to the purport of Gap evidence Nos. 2 and 3 and the entire arguments, the plaintiff paid 79,000 won (=56,600 won + 10,700 won + 11,700 won) as medical expenses due to the indecent act in this case.

2) Consolation money

Considering the degree and circumstances of the indecent act by compulsion, circumstances after the issuance, etc., it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 7,00,000.

C. Sub-decision

Thus, the defendant is obliged to pay the plaintiff 7,079,000 won for medical expenses + 79,000 won for consolation money + 7,000,000 won for compensation for damages.

3. Conclusion

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

Present allocation of judges