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(영문) 의정부지방법원 2019.02.12 2017나212294
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The gist of the Plaintiff’s assertion was from August 2015 to October 10, 2016, by regarding obscene videos as a computer to the extent that the Plaintiff could recognize within the workplace office where the Plaintiff and the Defendant jointly work, etc., and the Defendant’s sexual harassment and insultd the Plaintiff, and continued the same act despite being ordered by the supervisor for correction.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,792,730, and the amount of KRW 1,177,130, and the amount of KRW 5,275,519, the sum of KRW 2,305,859, and KRW 5,275,519, and KRW 2,00,000,000 per month’s remuneration for damages caused by the Defendant’s act, and KRW 12,00,000,000, and KRW 10,000,000 for mental suffering caused by the Defendant’s act.

2. According to the overall purport of the statements and arguments in the evidence Nos. 3 and 5, there is no dispute between the parties to the judgment, or according to the purport of the whole statement and pleading, the defendant can be recognized as having been downloaded and viewed by the video screen in the computer used by the defendant within the workplace office used by the plaintiff while serving with the plaintiff between August 2015 and October 2016. Thus, the defendant is liable to pay the plaintiff KRW 7 million as consolation money for mental suffering suffered by the plaintiff due to the above act.

However, the evidence submitted by the plaintiff alone is insufficient to recognize a proximate causal relationship between the defendant's above act and the plaintiff's medical expense expenditure and the loss of lost income, and there is no other evidence to prove it otherwise.

Therefore, the defendant is reasonable to resist the existence or scope of the defendant's obligation from February 4, 2017, which was sought by the plaintiff as a result of the illegal act of KRW 7 million to the plaintiff.

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