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(영문) 울산지방법원 2015.05.27 2014가단64522
손해배상(기)
Text

1. The Defendant: (a) from February 1, 2014 to February 1, 2014 to Plaintiff A with respect to KRW 25 million, Plaintiff B, and each of the said money.

Reasons

1. Facts of recognition;

A. The Defendant, around 19:00 on February 1, 2014, in the small park located in Ulsan-si, Ulsan-gu, Ulsan-do, Ulsan-si, where around 18 years ago, contacted the Plaintiff, who was the employee of this village, who was sexual indecent act, with the Plaintiff who was sexual intercourse with the Plaintiff A, and dice at a nearby restaurant and singing room, dices alcohol together with the Plaintiff, and the Plaintiff her body was frightened to the extent that it was difficult for the Plaintiff to hold his body.

At around 23:10 on the same day, the Defendant: (a) laid the Plaintiff A into a brush and placed the Plaintiff on a bed; (b) had sexual intercourse by taking advantage of the state of her failure to resist; and (c) had sexual intercourse with the Defendant.

(hereinafter referred to as the tort of this case)

On May 23, 2014, the Defendant was sentenced to five years of imprisonment (Ulsan District Court 2014Gohap29) for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape in relation of relatives) with respect to the instant tort, and the said judgment became final and conclusive.

C. Plaintiff B and C are the parents of Plaintiff A.

The Defendant’s mother paid KRW 10 million to the Plaintiff in the course of the Defendant’s investigation or criminal trial regarding the instant tort, but did not reach the agreement with the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-17 evidence (including a provisional number), the purport of the whole pleadings

2. Determination

A. Since the plaintiffs suffered emotional distress due to the tort of this case, the defendant is liable to compensate the plaintiffs for the damages.

Considering the content and circumstances of the tort of this case, the plaintiffs' relationship, and the defendant's mother paid KRW 10 million to the plaintiff A in the course of the defendant's investigation or criminal trial, the consolation money shall be determined as KRW 25 million to the plaintiff A, and KRW 5 million to the defendant B and C, respectively.

B. The Defendant rendered a judgment that it is reasonable for the Plaintiff A to dispute between KRW 25 million, Plaintiff B, and each of the above amounts with respect to KRW 5 million and each of the above amounts from February 1, 2014 to May 27, 2015, which is 5% per annum as stipulated in the Civil Act, as of May 27, 2015.

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