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(영문) 대구지방법원 2009.3.12.선고 2008가합5190 판결
손해배상(기)
Cases

208 Gaz. 5190 Damages (as referred to in this paragraph)

Plaintiff

1. he; or

3. sponsors (577);

Address of the plaintiffs Daegu Suwon-gu

Plaintiff 1. Legal representative because he is a minor.

Parent of Parent

[Defendant-Appellant]

Defendant

1. Maximum amount;

Daegu Dong-gu Fzymdong-gu

Daegu District Court Decision 472 Daegu Correctional Institution in Yacheon-gu, Daegu District Court Decision 472

3. Terms and conditions;

3. Terms and conditions;

Masan-si Masan-si

Defendant 2. 3. Attorney Lee Do-young

Conclusion of Pleadings

Non- pleadings (as to Defendant 1.)

February 26, 2009 (Defendant 2.3.)

Imposition of Judgment

March 12, 2009

Text

1. The defendant last 30,00,000 won, 10,000 won, 10,000 won, 10,000 won, 00, 000 won, respectively, to the plaintiff or his son.

Won and each of them shall be five percent (5%) per annum from October 20, 2004 to October 21, 2008, and from the following day:

C. The payment of 20% interest per annum from the date of full payment shall be made.

2. The plaintiffs' respective claims against the majority of the defendant

A person shall be appointed.

All appeals are dismissed.

3. Of the costs of lawsuit, the part arising between the plaintiffs and the defendant largest is five minutes, and that one is the plaintiff.

the remainder shall be borne by the above defendant and between them.

The part is borne by the plaintiffs.

4. Paragraph 1 can be provisionally executed.

Purport of claim

Defendants each of the plaintiffs 45,000, 000

Won and each of them shall be 5% per annum from October 20, 2004 to the service date of a copy of the complaint of this case, and c n

shall pay 20% interest per annum from the day of full payment to the day of full payment.

Reasons

1. Basic facts

The following facts are the plaintiffs and the defendant pursuant to Article 257 (1) of the Civil Procedure Act.

The above defendant deemed to have led to the confession, and the parties between the plaintiffs and defendant Kim at the beginning.

There is no dispute between them, or where Gap evidence 2-1 (No. 5-8; hereinafter the same shall apply) is the same as Gap evidence 2-1

Nos. 2, 3, 4-1 through 3, 5 of the Certificate No. 2, 2-2, 3-2, 4-2, 5

-1 to 3.5.7 (The same shall apply to the evidence No. 4), Eul evidence No. 1 to 3, and evidence No. 6 1 to 3

each entry of this chapter (other than the subsequent entry of the evidence of this chapter 1 to 3 of this title).

(other) In full view of the purport of the entire pleadings, the court below held that there seems to be a violation of the foregoing, and Eul 5

The entry of the evidence and the entry of the evidence of subparagraphs 1 through 3 in part of the evidence of subparagraphs 1 through 3 shall not be trusted, and otherwise, there shall be no counter-proof.

(2).

A. Defendant 204 on October 20, 2004: 08: on the frontway of about 10: 10:

The plaintiff Na, who had been doing so, was the plaintiff Na, but the above plaintiff was the relative Gu.

on the ground that it was rejected for 18 years or longer, i.e., ‘A., A., A., I't am, I're.

Defendant Kim - operated by the above plaintiff - who fright to drink, such as frighting, frighting, etc.

Republic of Korea: Republic of Korea; Republic of Korea; Republic of Korea; Republic of Korea

the Plaintiff, after continuing to visit the said inn's house, the Plaintiff “n't have a motion picture per page.”

The plaintiff is sent to the house with a thickness. N. L. L. L., if inside the house, the plaintiff is called "L. A. L. A. L.,"

sexual intercourse with the said Plaintiff once after suppressing the resistance of the Plaintiff, and rape the said Plaintiff, and treat the said Plaintiff for about seven days.

The Manopoly Manopoly Manopoly Manopoly Manopoly Mano.

(b) Juvenile Protection Act to be an employee;

In spite of being a juvenile, Article 50 subparagraph 4 of the Juvenile Protection Act shall not be confirmed.

In violation of the above provision, the plaintiff and the defendant were well aware of sexual intercourse.

C. At the time of the instant case, the Plaintiff was the sixth-year student at an elementary school of 12 years old;

[A] He is the parent of Plaintiff B.

D. At present, the Plaintiffs are suffering from symptoms of stress disorder due to severe mental impulses.

(2) the Corporation.

2. Claim against the defendant

(a) Occurrence of liability for damages;

According to the above facts of recognition, the plaintiff who was the sixth-year student of an elementary school and who was the last 12 years old.

In other words, rape caused a serious failure in the formation of personality and normal social life, and the above was committed.

The plaintiff and his parents, the rest of the plaintiffs have suffered severe mental suffering thereby.

There is a duty to pay the money by cash and to honor it.

(b) Scope of damages;

Furthermore, with respect to the amount of consolation money, the reasons and details of the above tort committed by the Defendant most recently.

Various types of pleadings in the instant case, such as methods, subsequent circumstances, the plaintiffs' age, family relations, etc.

Considering the circumstances, the amount of consolation money to be paid shall be the victim himself/herself.

30,000,000 won, Plaintiff 10,00 whose parents are his parents, and the amount of KRW 0,000,00

It is reasonable to do so.

C. Sub-committee

Therefore, the defendant Choi Jong-chul et al. al. 30,00,000 won, and the plaintiff and his sponsors respectively.

10,000,000 won each of them, and a copy of the complaint of this case from October 20, 2004, which was the date of the above illegal act.

5% per annum prescribed by the Civil Act until October 21, 2008, which is the date of this service, and the lawsuit from the following day to the date of full payment.

The meaning of paying damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Transmission.

(2) the Corporation.

3. Claim against Defendant Kim Jong-sung

A. The plaintiffs' assertion

(1) Defendant Juvenile Protection Act, who is Defendant employee

in spite of being prohibited from being a juvenile for the purpose of this Act;

Without properly verifying the Plaintiff’s age and other personal information, the Plaintiff did not properly confirm the Plaintiff’s age and so on.

A person shall be appointed.

In this regard, the defendant could easily commit rape of the above plaintiff.

(2) The person who was involved in hijacking from the plaintiff Nab and was above

Police officers and police officers called out after receiving a report to the police station located in the 606 House and receiving a report.

At the same time, Plaintiffs 606 et al.

Dembling whether the Defendant had been accommodated, but the Defendant Choi 606 Embrehum’s room is an empty space.

In the wind, he/she finds another in the vicinity of the wind, and he/she from the beginning, the plaintiff at the beginning.

be raped if the person had been aware of his or her well-knownness;

However, due to such falsity, even if it was possible to prevent

has suffered damage which would be caused by the party.

(3) Therefore, the use of the defendant's assistance as a joint tortfeasor.

As a person, each of the plaintiffs has a duty to compensate for all damages suffered by the plaintiffs in this case.

B. Determination

(1) Joint tort by aiding and abetting

No juvenile under the Juvenile Protection Act shall be subject to sexual intercourse;

Despite the duty to do so, the plaintiff Na, who is a juvenile, is the defendant Ba, and the sexual intercourse is made with the defendant Ba.

As seen earlier, there were errors of lodging with juveniles, but the same shall apply to the female male with the female male.

In the event of being aware of any rape accident between them shall not normally occur.

J. Furthermore, the process by which Plaintiff B entered the GUB with Defendant LUB

of this chapter, or attempt to commit rape in the room 606 of this Sub-Section 606 of this title.

Defendant at the time of the occurrence of a major disturbance in the process, who is the above female employee

88,000,000,00

Unless there is any proof as to the fact that the defendant was or could have been predicted, his cleaning shall be conducted by the defendant

The act of violating the duty not to have sexual intercourses under the Juvenile Protection Act and the act of committing rape in this case

Since there is no proximate causal relation between the above, the plaintiffs' above assertion is further examined.

There is no reason to view that the examination is without reason.

(2) False notice of the facts of accommodation

Plaintiff B, in full view of the purport of the entire pleadings in the statement No. 5-1 and No. 7

A plaintiff who was raped by the defendant to the best extent and used the crepans in his crepans

The fact that he/she was called to him/her and was not subject to further rape after his/her telephone was opened.

Corporation, and according to the above facts of recognition, prior to the

A person shall be appointed.

A dispatch after reporting to a police station after receipt of a report;

When she went to the officer, he is already after the rape of this case was committed, and even if he had been involved in the rape of this case, she is the defendant

Even if a person did not properly inform the facts of the accommodation as alleged by the Plaintiffs, that person is merely the sole reason for such failure.

No liability for damages arising from the rape of this case cannot be claimed

The above argument of the plaintiffs is without merit to further examine.

4. Conclusion

Thus, the plaintiffs' claim against the plaintiff is justified within the above scope of recognition.

Recognizing and citing the plaintiffs' most claim against the defendant and the remainder of the defendant Kim Kim -

All claims are without merit, and they are dismissed. It is so decided as per Disposition.

Judges

Judges of the presiding judge

Designation of Quantities of Judges

Judges Kim Gin-han

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