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(영문) 서울중앙지방법원 2019.05.29 2018가단5210303
손해배상(기)
Text

1. The Defendant’s KRW 40,000,000 as well as the Plaintiff’s annual rate of 5% from October 12, 2018 to May 29, 2019, and the following.

Reasons

1. Facts of recognition;

A. On July 2017, the Plaintiff and the Defendant came to know through the instant app and exchanged communication with each other. On August 4, 2017, the first day was passed.

B. On August 4, 2017, around 21:36, at the main point of Gangnam-gu Seoul and the first floor D, the Defendant cut off the Plaintiff’s Samsung Credit Card owned by the Plaintiff at the Plaintiff’s household, which was located in a cresh between toilets, and added a psychotropic drug possessed by the Defendant, to the Plaintiff’s psychotropic drugs, and approximately 3 eggs of a psychotropic drug, as prescribed by the Defendant, put them into the Plaintiff’s alcohol residues and lost the Plaintiff’s mind by allowing the Plaintiff to drink it. At around 21:41 of the same day, the Defendant was raped with the Plaintiff under the Gangnam-gu Seoul E hotel Gangnam-gu Seoul, with the F point of Gangnam-gu, Seoul.

C. As seen above, the Defendant, while rapeing the Plaintiff, took the 46 seconds and 1 minute 38 seconds of sexual intercourse with the Plaintiff on two occasions.

As above, the Defendant settled the drinking value of Samsung Credit Card Co., Ltd. owned by the Plaintiff at KRW 46,00 and KRW 160,000 of the hotel accommodation at the above hotel, and paid USD 65.99 and USD 104.49 by accessing the Defendant’s G account.

【Ground for recognition】 There is no dispute

2. According to the above facts finding as to the cause of the claim, since it is clear in light of the empirical rule that the defendant committed a tort, such as rape and photographing the plaintiff using psychotropic drugs as above, and that the plaintiff, the victim, was suffering from extreme mental distress, the defendant is obligated to do so in money to the plaintiff. The defendant is obliged to do so. The defendant shall determine the amount of mental damage to be paid by the defendant, taking into account the following circumstances, such as the course and contents of the above tort, the degree of infringement of legal interests suffered by the plaintiff, the circumstances after the crime, the circumstances after the crime, and the developments before and after the lawsuit in this case.

Therefore, the defendant filed a complaint of this case against the above KRW 40 million with respect to the plaintiff and the above KRW 40 million after the date of tort.

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