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(영문) 광주지방법원 2017.03.24 2016가단532582
손해배상(기)
Text

1. The Defendant: (a) KRW 5,000,00 for Plaintiff A; (b) KRW 5,000,000 for each of the Plaintiff B and C; and (c) for this, from October 22, 2015 to October 2016.

Reasons

1. Basic facts

A. Plaintiff A is a student who was enrolled in a private teaching institute operated by the Defendant, and Plaintiff B and C are the parents of Plaintiff A.

B. On June 24, 2016, the Defendant was sentenced to a suspended sentence of three years for a period of imprisonment of one year and six months due to a crime committed by the Plaintiff A by indecent act by compulsion, and the said judgment was dismissed by the Gwangju High Court on October 20, 2016.

C. The Plaintiff A experienced uneasiness, uneasiness, and criminal liability and depression due to the Defendant’s above criminal act.

On May 31, 2016, when the above criminal case was in progress, the Defendant deposited KRW 5,000,000 in a new bank for the recovery of Plaintiff A’s damage. On December 9, 2016, the Defendant paid to Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 5, and 6, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the above tort liability, it is obvious in light of the empirical rule that the plaintiff A, his parent, and the plaintiff B, and C had suffered from mental suffering due to the tort of this case. Thus, the defendant is obliged to pay compensation in money.

B. All circumstances revealed in the argument of this case, i.e., the plaintiff A was a minor who was attending a private teaching institute operated by the defendant at the time of the tort of this case, and the defendant appears to have committed the tort of this case, even though the nature of the crime was very poor, the plaintiff A appears to have suffered considerable sexual humiliation and mental impulse due to the tort of this case, and the plaintiff A received money deposited by the defendant for the plaintiff A, but did not yet agree with the plaintiffs, considering that the amount of consolation money was about 15 million won, the plaintiff B and C.

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