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(영문) 수원지방법원안양지원 2015.11.25 2015가단107234
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 2, 2015 to November 25, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 3 or 7 to 12 (including additional numbers) by reference to the whole purport of the pleadings:

On July 1, 2011, the Plaintiff was employed by the Plaintiff as a member of the Company C and was transferred to a company affiliated with the same affiliated company on April 1, 2013, and served in an IT planning team. The Defendant was a member of the regular management assistant of D Co., Ltd. who was in charge of the external business division from January 1, 2014.

B. On June 16, 2014, the Defendant demanded the Plaintiff to attend in connection with his personnel movement, and the Plaintiff responded to this demand, and diced while drinking alcohol with the Plaintiff at the restaurant “F” located in Seocho-gu Seoul, with the Plaintiff, while drinking alcohol. At around 22:30 after completing meals, the Plaintiff intending to return home at the front of the above restaurant, and she was frightd with the Plaintiff, but the Plaintiff was frightd with the defect that the Plaintiff would continue to go home while refusing to do so, and she committed an indecent act by coercioning the Plaintiff over two occasions.

(hereinafter “instant indecent act by compulsion”). C.

After that, the Defendant was indicted by Seoul Central District Court 2014Kadan9591 for the above facts constituting the crime, and was sentenced to a fine of five million won from the above court on May 29, 2015, and the judgment became final and conclusive as it is, on the ground that the Defendant did not file an appeal.

2. Determination

A. According to the facts acknowledged as above, the defendant's indecent act of this case constitutes a tort that infringes on the plaintiff's body or sexual self-determination freedom and thereby, it is obvious in light of the empirical rule that the plaintiff, the victim, suffered mental suffering. Thus, the defendant shall compensate the plaintiff for the damages caused by the plaintiff's indecent act of this case, barring special circumstances.

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