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(영문) 수원지방법원안양지원 2015.01.28 2014가단2318
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a driving instructor of the D Driving School (hereinafter “instant driving school”). Defendant B was a student who received a driving course from the Plaintiff in the foregoing driving school, and Defendant C was the mother of Defendant B.

B. On May 16, 2013, the Plaintiff taught Defendant B with intra-functional driving.

C. During the Plaintiff’s teaching of Defendant B, the Defendants committed an indecent act by deceiving Defendant B’s grandchildren, etc., and bucks in the clothes part of the chests, and filed a complaint against the Plaintiff with the investigator for the charge of indecent act by force. Accordingly, the Plaintiff could have contacted the Plaintiff’s grandchildren and bucks with the Plaintiff’s bucks, etc. or deducted the Plaintiff’s bucks. However, unlike the Plaintiff’s vindication, the Plaintiff could not have any physical contact with the students in the course of driving due to the characteristics of the occupation, and for this reason, it is insufficient to recognize that the Plaintiff had committed an indecent act against the Plaintiff in light of the fact that the Plaintiff took lessons, etc., by wearing the bucks, provided that it is difficult to acknowledge that the Plaintiff had committed an indecent act against the Plaintiff.

The Plaintiff filed a complaint against the Plaintiff on charges of indecent act by compulsion, and resisted to the driving school of this case, and resigned from the driving school of this case.

[Ground of recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment were asserted by the Defendants, and the Plaintiff, contrary to the facts, resisted to the driving school of this case that the Plaintiff committed indecent acts by compulsion of the driving school of this case, and the Plaintiff resigned from the driving school of this case, and Defendant C demanded the Plaintiff to withdraw the criminal complaint, and sought compensation for damages against the tort committed by the Defendants.

The fact that the plaintiff received a decision that he was guilty of the charge of indecent acts by compulsion against the defendant B is as seen earlier, but the above facts are the same.

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