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(영문) 서울중앙지방법원 2019.04.26 2018나13003
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion (1) The defendant, at the time of administering it to the plaintiff A and his hotel, has sexual intercourse with the plaintiff A in a situation where the plaintiff A was in an insane condition due to drinking or it is difficult for the plaintiff A to exercise his right to sexual self

(2) In addition, the Defendant granted the Plaintiff’s lawsuit that the said employees committed sexually indecent acts against the Defendant and brought the Defendant to a hotel, and caused the Plaintiff to contact with the said lawsuit. A’s written statement to the effect that there is a problem in the Plaintiff’s usual behavior room from the said employees, and the Plaintiff’s family photograph, etc. posted to the SNS by arbitrarily submitting it as evidence, thereby causing the Plaintiffs’ second damage.

(3) Even if the Plaintiff’s sexual self-determination was not infringed at the time of the instant sex relationship, the Defendant committed an unlawful act and thereby inflicted mental pain on the Plaintiff B, who is his spouse.

(4) Due to the acts of the Defendant’s above paragraphs (1) through (3) above, the Plaintiffs were faced with difficulties in working life due to a mental disorder, etc. while the Plaintiff A suffered from mental disorder due to depression, etc., and the Plaintiff B also suffered damage due to psychological treatment due to abnormal behavior.

Therefore, the defendant is obligated to pay the consolation money to the plaintiffs for mental damage caused by the above illegal acts, each of which is 30 million won and delay damages.

B. (1) According to the records and images of the evidence Nos. 14 through 18, and Nos. 2, 7, 8, and 16, whether the Plaintiff and the Defendant infringed on the right to sexual self-determination and engage in sexual intercourse with the Plaintiff A, the following facts are examined: (i) the Plaintiff and the Defendant walked with the Plaintiff A in the back of the 20th day on May 11, 2016, with their own knowledge at around 00:22.

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