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(영문) 부산지방법원 2018.01.16 2017가단301021
손해배상(기)
Text

1. The Defendants jointly share KRW 10,824,020 to the Plaintiff and Defendant B with respect thereto from January 20, 2017.

Reasons

Basic Facts

On November 2014, the Plaintiff entered the Marine Corps Training Center for the Marine Corps and received education, and around January 16, 2015, around 10, 2015, the Plaintiff was assigned to 10 to 10 to 10 to 10 to 20 to 10 to 20 to 20 to 3 copies, and Defendant B served as 3 to 3 additional copies. Defendant B was an appointed soldier living in the same division as the Plaintiff and the same living group.

From February 2015 to June 2015, Defendant B committed an act of assault, abuse of force, indecent act, etc. against the Plaintiff, such as assault, abuse of force, etc. as stated in the separate criminal facts, from February 2015 to June 2015.

(hereinafter “instant harmful act.” On July 24, 2015, Defendant B was sentenced to imprisonment with prison labor for one and half years, three years of suspended execution (2015Ga7), and the said judgment became final and conclusive around that time.

The Plaintiff received medical treatment at the Armed Forces Water Service Hospital, the Indones University Busan White Hospital, etc. due to symptoms such as “overcoming stress disorder” caused by the instant harmful act, etc., and was discharged around August 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, and 8 (including virtual numbers; hereinafter the same shall apply)'s assertion of the purport of the whole pleadings, and the plaintiff's assertion that the defendant Eul directly committed the harmful act of this case against the plaintiff. Since the defendant Republic of Korea neglected the duty of management and supervision to prevent the harmful act of this case, the defendants are jointly liable to pay to the plaintiff KRW 50,824,00,000 in total, KRW 50,000,000 due to the harmful act of this case.

The instant harmful act committed against the Plaintiff, who was an incidental appointment soldier, such as the Plaintiff’s occurrence of liability for damages, is an unlawful assault, indecent act, or cruel act.

Defendant Republic of Korea shall prevent cruel acts, such as violence in the military unit, by continuously paying attention to the military life of soldiers who perform the duty of national defense through the commander of the military unit.

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