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(영문) 청주지방법원 2017.04.20 2016가단18913
손해배상(기)
Text

1. The Defendant: (a) KRW 35 million to the Plaintiff; and (b) 5% per annum from February 17, 2015 to April 20, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The defendant is a social worker working in "C", and the plaintiff was employed as a social worker at the above medical care center on February 16, 2015. The defendant, from February 16, 2015, from around 19:00 to around 30, 2015, she was allowed to work first after being employed as a social worker at the above medical care center. From around 19:00, the defendant, with the workplace members including the plaintiff, singing in music at the singing room, and all other workplace members return to the house, and the plaintiff left the house on February 17, 2015, she was under the influence of drinking only on the part of 01:32, while the plaintiff was under the influence of drinking and was under the influence of drinking, she was sentenced to imprisonment with prison labor for 201, and the court dismissed the defendant's appeal for quasi-rape on the part of 201:315.

(Seoul High Court Decision 2015No103). The Defendant re-appealed to the appeal, but the Supreme Court dismissed the Defendant’s appeal on June 10, 2016 (Supreme Court Decision 2016Do4612). The said judgment became final and conclusive around that time.

3) On the other hand, the Plaintiff shows the current depression disorder and detailed depression of stress disorder and missing person on credit. [Grounds for recognition] There is no dispute, and the purport of Gap evidence Nos. 1 through 3 (including virtual numbers), as a whole, and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages caused by the plaintiff, since the defendant committed a tort that has sexual intercourse with the plaintiff by taking advantage of the gaps in which the plaintiff was under the influence of alcohol.

C. As to the judgment of the defendant's assertion, the defendant only has sexual intercourses under the agreement with the plaintiff, and sexual intercourses by taking advantage of the plaintiff's mental condition.

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