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(영문) 의정부지방법원고양지원 2020.07.23 2019가단93475
손해배상(기)
Text

1. The Defendant: (a) KRW 70 million to Plaintiff D; (b) KRW 10 million to Plaintiff B; and (c) and each of the said money to Plaintiff B from July 3, 2018 to July 2020.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 5, the Defendant’s imprisonment with prison labor for 9 years, order to complete sexual assault treatment programs, 40 hours, and five-year conviction of employment restriction (Seoul High Court Decision 2018Dahap207, Feb. 19, 2019; Seoul High Court Decision 2019No207, Feb. 19, 2019) was finalized after the Defendant was sentenced to a conviction of 5 years of employment restriction (Seoul High Court Decision 2018Dahap207, Feb. 19, 201), and the Plaintiff’s mother was recognized. Accordingly, the Defendant is liable for compensating the Plaintiffs for mental damage suffered by the Plaintiffs due to the tort, such as

2. The scope of the liability for damages is determined as KRW 70 million for Plaintiff A and KRW 10 million for Plaintiff B, respectively, in consideration of various circumstances shown in the pleadings, such as health bond, the content of the Defendant’s tort, the age and relationship between the Plaintiffs and the Defendant, the degree of criminal punishment against the Defendant, the degree of mental suffering suffered by the Plaintiffs, divorce and related judgments by the Plaintiffs B and the Defendant, and the circumstances after the tort.

Therefore, the defendant is obligated to pay to the plaintiff D the amount of KRW 70 million, KRW 10 million, and each of the above amounts at the rate of 5% per annum as stipulated in the Civil Act until July 23, 2020, which is the date of the judgment of this case where it is deemed reasonable to dispute as to the existence of the defendant's obligation and the scope of the defendant's obligation to pay to the plaintiff D the amount of KRW 70 million, KRW 10 million, and KRW 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiffs' claims are justified within the scope of the above recognition, and the remaining claims are dismissed. However, with respect to the bearing of litigation costs, Article 101 of the Civil Procedure Act is applied in consideration of all the circumstances such as the background of the lawsuit in this case, the contents of this case, and the ratio of partial dismissal.

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