1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, except for adding the following judgments to the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

2. Additional determination

A. The defendant reduced the amount of damages claimed by the plaintiff to KRW 27,285,976 from KRW 39,038,880 to KRW 27,285,976. Although the total amount was reduced, if it is divided into positive damages, passive damages, and consolation money, the consolation money has increased. Thus, the court of the first instance should have ordered the plaintiff to pay the additional amount of damages. However, the court of first instance should have ordered the plaintiff to pay the additional amount of damages. Thus, the defendant asserts that

However, even if a judgment was rendered immediately without any overlap or shortage of recognition, the validity of the judgment shall not be deemed null and void, and if an overlap or shortage of recognition between the court of first instance is discovered at the appellate court (see, e.g., Supreme Court Decision 2002Da48719, Nov. 26, 2002), the plaintiff may order the correction thereof (see, e.g., Supreme Court Decision 2002Da48719, Nov. 1, 2018).

2. The Plaintiff’s assertion on this part is rejected as it is apparent in the record that the lack of stamps was corrected.

B. In addition, the Defendant asserts that the amount of consolation money ordered by the first instance court is excessive, and that in light of the circumstances where the Plaintiff dives overseas travel during the two-year leave of absence, etc., it can be seen that the Plaintiff’s mental shock caused by the Defendant’s indecent act was not so significant.

In calculating consolation money for a tort, the circumstances on the part of the perpetrator, such as the victim's age, occupation, degree of suffering from damage, degree of negligence of the victim, etc., and the motive and cause of the harmful act, degree of the perpetrator's intention and negligence, and attitude of the perpetrator, can be comprehensively considered.