1. The Defendant’s KRW 30 million to the Plaintiff and the Plaintiff’s 5% per annum from January 11, 2019 to April 19, 2019.

1. Facts of recognition;

A. From March 2, 2017, the Defendant, from around 23:00 on March 2, 2017, performed alcoholic beverages together with working clubs, including the Plaintiff who works together at the restaurant where the Defendant works, and laid off the Plaintiff, who was drinking on March 3, 2017, around 01:53 of the next day, and went off the Plaintiff’s clothes of the Plaintiff, which was in the state of drinking, in the state of drinking, in a single sexual intercourse with the Plaintiff, and thereby rape the Plaintiff by taking advantage of the Plaintiff’s state of failing to resist, and thereby, suffered injury, such as external part and blood transfusion, the number of days of which is unknown to the Plaintiff.

B. The defendant is the above A.

On August 1, 2017, the defendant was prosecuted for committing the same crime, and was sentenced to a judgment ordering the completion of sexual assault treatment programs for 5 years and 80 hours of imprisonment on August 11, 2017 (Seoul District Court Decision 2017Gohap98), and the defendant appealed but became final and conclusive as it was.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant committed a tort by rapeing the plaintiff, and that the plaintiff suffered emotional distress due to this, and the defendant is liable to pay consolation money of KRW 40 million and delay damages to the plaintiff.

The defendant asserts that the defendant did not commit an illegal act because he did not rape the plaintiff and was sexually related by agreement.

B. (1) According to the facts acknowledged as above, the defendant committed a tort by rapeing the plaintiff, and since it is obvious in light of the empirical rule that the plaintiff suffered mental damage, the defendant is obliged to pay the plaintiff monetary compensation.

(2) The Plaintiff suffered a serious mental suffering due to the Defendant’s tort, on the grounds that there are no evidence or circumstances to deem it difficult to adopt a factual judgment in the instant criminal trial in the facts found earlier. (2) The scope of the Defendant’s liability for damages.