2017 Ghana 209906 Damages, etc.

1. A;

2. B

3. C

1. D;

Since it is a minor, legal representative parent E

2. E:

3. F;

Since it is a minor, the legal representative G, the mother H

4. G.

5. H;

December 13, 2017

January 17, 2018

1. The Defendants jointly pay to Plaintiff A 16,00,000, 2,000,000 won to Plaintiff B, and 2,000,000,000 won to Plaintiff C, and 5% per annum from April 1, 2015 to January 17, 2018, and 15% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are dismissed.

3. Of the costs of lawsuit, 90% is assessed against the Defendants, and the remainder is assessed against the Plaintiffs.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly pay to Plaintiff A the amount of KRW 40 million per annum from April 1, 2015 to the delivery date of a copy of the instant complaint, and 5% per annum from the next day to the date of full payment. The Defendants jointly pay to Plaintiff B the amount of KRW 40,000,000 per annum, and 15% per annum from the next day to the date of full payment.

1. Facts of recognition;

A. Defendant D was a third-year student of I Middle School on March 2015, Defendant F was a second-year student of the same middle school, and Plaintiff A was a first-year student of the same middle school, and both Plaintiff A was a second-year student of the same middle school and a second-year student of the same middle school.

Defendant D, in March 2015, 2015, was frightened as if he committed a sexual indecent act if he did not cause the Plaintiff’s sexual organ to enter the barhouse in the Nam-gu International Middle School Egymnasium located in Incheon, Nam-gu, Incheon.

Defendant D’s sexual organ development, putting the Plaintiff A on the floor of the sloping room, cut the Plaintiff’s forcedly, let the Plaintiff A see his sexual intercourse. Defendant A put a arms to prevent the Plaintiff from working on his sexual bridge so that the Plaintiff could not work, thereby suppressing the Plaintiff A’s resistance, and Defendant D’s sexual organ was committed in a manner that the Plaintiff’s sexual organ was covered by the Plaintiff’s sexual organ above and below, thereby committing an indecent act on the Plaintiff’s sexual organ with the Defendant D and F put the Plaintiff under 13 years of age (hereinafter “the instant indecent act”).

B. Defendant D was convicted of a suspended sentence of three years on February 15, 2017 in the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) in the Incheon District Court 2016Gohap642 (a minor under thirteen years of age) on the charge of committing the instant indecent act jointly with Defendant F, and the said judgment became final and conclusive around that time.

C. Defendant F was subject to the Incheon Family Court’s decision on June 22, 2016 in the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Indecent Act by Compulsion) due to the fact that Defendant F committed the instant indecent act jointly with Defendant D, and the said decision became final and conclusive around that time.

D. Plaintiff B and C are the parents of Plaintiff A who are minor. Defendant B and H are the mother of Defendant D who is a minor. Defendant G and H are the parents of Defendant F who are minor.

[Ground of recognition] The evidence Nos. 1 through 6, Eul No. 1 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

(a) Occurrence of liability for damages;

1) According to the above facts of recognition, the instant indecent act committed by Defendant D and F constitutes a joint tort against Plaintiff A and the Plaintiff B and C, their parents, and thus, Defendant D and F jointly are liable to compensate the Plaintiffs for mental damage caused by the instant indecent act.

Defendant E as a person with parental authority over Defendant D, Defendant G, and H, who are a minor, committed the instant indecent act by neglecting their respective supervisory duties as a person with parental authority over Defendant F, and thus, Defendant E, G, and H is jointly with Defendant D and F, and thus, Defendant E, G, and H are liable to compensate for mental damages suffered by the Plaintiffs due to the instant indecent act.

2) On the contrary, Defendant F alleged to the effect that “ Defendant F was in a state of responsibility without any intelligence to change the responsibility for the instant indecent act at the time of the instant indecent act, and thus there is no liability for damages.” However, in light of the fact that Defendant F (J) was enrolled in the second year at the age of 13 years and 4 months at the time of the instant indecent act, and the content of the instant indecent act, etc., it is difficult to view that Defendant F was in a state of responsibility without responsibility at the time of the instant indecent act, and therefore, Defendant F’s above assertion is without merit.

B. Scope of liability for damages

In full view of all the circumstances such as the relationship between the plaintiffs and the defendants revealed in the above facts and arguments, the form of the indecent act in this case, and the following circumstances, consolation money for mental suffering suffered by the plaintiff A shall be 16,000,000, and consolation money for mental suffering suffered by the plaintiff Eul and C shall be 2,00,000 won, respectively.

C. Sub-decision

Therefore, the Defendants jointly have a duty to jointly pay the Plaintiff A damages amounting to KRW 16,00,000, KRW 2,000,000 for damages, KRW 2,000,00 for damages to Plaintiff C, and KRW 2,00,000 for damages to the Plaintiff C from April 1, 2015 to January 17, 2018, which is deemed reasonable for the Defendants to dispute on the scope of their performance obligations. The Defendants are obligated to pay damages for delay calculated at each rate of KRW 15% per annum under the Civil Act from the following day to the date of full payment.

3. Conclusion

Therefore, the plaintiffs' claims against the defendants are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judge Park Jong-soo