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(영문) 서울동부지방법원 2020.10.22 2019가단139485
손해배상(기)
Text

The Defendants jointly share KRW 25,00,000 with respect to the Plaintiff and the period from July 24, 2016 to October 22, 2020.

Reasons

1. Basic facts

A. The party’s relationship Plaintiff is a person who was employed as a part of a part-time employee by Defendant C’s agency and was engaged in the business of buying a question for the relevant thesis at D Department. Defendant B is a person who served as a class of class 4 of class E’s research project operation personnel, and Defendant C is the employer of Defendant B.

B. Defendant B’s tort committed by Defendant B, on June 27, 2018, committed an attempted rape under the jurisdiction of the Daejeon District Court Branch of the Daejeon District Court Decision 2017Kahap230, “Ambs. 17:30 on July 24, 2016, Defendant C, taking advantage of the situation in which the Plaintiff, a part-time employee, was located in the office of the Defendant C’s agency, and attempted to rape the Plaintiff, and forced to imprison the Plaintiff’s resistance against the Plaintiff’s clothes by suppressing the Plaintiff’s resistance, and attempted to rape the Plaintiff, but the Plaintiff did not go against the Defendant B’s sexual organ with his hand, and did not go against the Defendant B’s attempted rape.”

) Defendant B was sentenced to a conviction of one year and six months of imprisonment, and the appeal was dismissed, but the appeal was dismissed by the Daejeon High Court Decision 2018No293, and the appeal was dismissed by the Supreme Court Decision 2018Do16444, which became final and conclusive as it was the first instance judgment. [Grounds for recognition] Defendant C: The judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act: the absence of dispute, the entries in Gap, 1, 2, and 3, and Eul’s evidence No. 5, and the purport of the whole pleadings.

2. Existence of liability for damages;

A. According to the facts of recognition of Defendant B’s liability for damages, it is clear in light of the empirical rule that the Plaintiff suffered emotional distress due to Defendant B’s act of attempting to commit rape. As such, Defendant B is liable to compensate for consolation money for emotional distress incurred by the Plaintiff due to the instant tort.

B. The Plaintiff asserted that Defendant C’s liability for damages is the employer of Defendant B, and the Defendant C is the employer under Article 756(1) of the Civil Act.

In this regard, the defendant C's attempted rape of the defendant C is on holidays.

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