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(영문) 수원지방법원성남지원 2019.11.26 2019가단4204
치료비 및 위자료
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On July 2015, when Defendant B, who was aware of her friendship, went to death of other female students from around July 2015 when Defendant B had been in the third grade of middle school, and had started to be located in the Plaintiff, on several occasions from July 2017, the Plaintiff committed sexual assault and sexual indecent act against the Plaintiff several years since July 2017. Defendant B is liable to pay 30,000 won to the Plaintiff as consolation money, Defendant C, who is the parent of Defendant B, and Defendant D, jointly with negligence that neglected the duty of supervision over the said crime, and jointly expressed that Defendant D would pay 70,000,000 won to the Plaintiff, and Defendant D would pay 5,000,000 won to the Plaintiff separate from consolation money.

In light of the following circumstances: (a) the Plaintiff appears to have established a number of sexual intercourses in the course of the Plaintiff’s teaching system with Defendant B; (b) there is no evidence to acknowledge that Defendant B committed assault or intimidation against the Plaintiff; (c) the Plaintiff filed a complaint against Defendant B, which reflects the above circumstances, and Defendant B was subject to a disposition of “compacting against the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape)” on July 2, 2018 at the Sungwon District Public Prosecutor’s Sung-nam branch of the Suwon District Public Prosecutor’s Office; (d) the school violence self-governing committee of Defendant B high school attending the school did not take any measure against the Defendant B; and (d) the Plaintiff brought about the issue of sexual assault, etc. only when Defendant B was located in the school; and (e) there was no evidence to acknowledge the Plaintiff’s obligation to commit sexual assault or intimidation on the premise that the Plaintiff’s complaint against Defendant B was insufficient to acknowledge it differently.

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