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(영문) 부산지방법원 2015.04.30 2014가단54805
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff’s KRW 3,00,000, and KRW 3,000,000 to Plaintiff B, and KRW 20,00,000 to Plaintiff C, and Plaintiff.

Reasons

1. Basic facts

A. Plaintiff A and B are legally married couple, and Plaintiff C and D are their children.

On the other hand, Defendant E shall be as follows.

At the time of the act described in the paragraph, the plaintiff C was enrolled in the H high school with the plaintiff C, and the defendant F and G are the parents of the defendant E as the legal couple.

B. At around 18:30 on April 17, 2014, Defendant E excluded the Plaintiff’s boiler from the studio in the Geum-gu, Busan, as soon as the chest was loaded, and the Plaintiff C resisted against the Plaintiff, thereby promptly putting his gender.

Defendant E was thereby subject to a disposition ordering the Busan Family Court to refer to the case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Conduct, etc.) on December 19, 2014 and to transfer the juvenile reformatory for a long-term probation and one-month period (Defendant F and G were ordered to receive special education at the probation office for eight hours at the probation office).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 16, Eul evidence 5 and 6, the purport of the whole pleadings

2. Determination

A. In the case of Defendant E, it is clear that the tort of this case committed by himself constitutes a tort under the Civil Act against the remaining plaintiffs as well as Plaintiff C, the victim himself/herself, and family members.

Plaintiff

After becoming aware of the instant case, A filed a complaint against Defendant E, and around 18:00 on April 19, 2014, in addition to the instant tort, Defendant E forced the Plaintiff E to act of similarity with the Plaintiff, a disabled person, by forcing the Plaintiff C to promptly implement his sexual organ, at the time of the complaint.

However, the Busan District Prosecutors' Office rendered a decision not to prosecute the illegal act of this case as of November 19, 2014 on the ground of lack of evidence, and made a decision not to prosecute the illegal act of this case to the Busan Family Court on the same day.

(Nos. 4 through 6). In this case, the Plaintiffs are separately liable for tort for the portion of non-prosecution decision and the subsequent portion of intimidation.

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