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1. The Defendant’s KRW 20,000,000 and its interest thereon to the Plaintiff are 5% per annum from May 23, 2020 to March 31, 2021.
Reasons
1. On May 19, 2019, the Defendant was indicted for committing similar rape by threatening the Plaintiff who is an entertainment employee in the singing room located in the Incheon Michuhol-gu, Incheon, and on November 15, 2019, the court of the first instance convicted the Defendant of the facts charged, and sentenced the Defendant to imprisonment for two and half years, and the above judgment became final and conclusive through the appellate court.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the fact that the damage claim occurred, the defendant's crime of similar rape against the plaintiff constitutes a tort, and since it is obvious in light of the empirical rule that the plaintiff suffered serious mental suffering, the defendant is obliged to do so in money pursuant to Article 750 of the Civil Code.
B. 1) In the course of the investigation or criminal trial against the perpetrator of a tort under the law, where the victim agreed that the perpetrator would not be punished for the perpetrator after receiving the amount under the pretext of the agreement from the perpetrator, the amount was paid as part of compensation (property damage) unless there are circumstances such as clearly stating that the amount is paid as consolation money at the time of the agreement.
It is reasonable to view that the amount of consolation money for mental suffering from a tort can be determined by the fact-finding court at its discretion, taking into account all the circumstances (see Supreme Court Decisions 98Da41377, Apr. 23, 199; 200Da46894, Feb. 23, 2001; 200Da46894, Feb. 23, 2001; 2000Da46894, Feb. 23, 2001). In this case, all the circumstances revealed by the evidence and the entire purport of oral argument as seen earlier, namely, the Defendant committed a crime against the Plaintiff, an employee of entertainment business, who is entirely aware of, the background and content of the crime of similar rape, the degree of criminal punishment against the Defendant, and the above.