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(영문) 대전지방법원 2015.07.21 2015나807
손해배상
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff at KRW 7,000,000.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except for the case’s “the scope of compensation for damages of February 2.b.” part of the judgment of the court of first instance as follows, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the records, Defendant C denies the crime that was committed by the Plaintiff’s frighten and indecent act by force during the investigation process of the instant case, and the Plaintiff repeatedly stated the facts of injury in the investigation process to prove the facts of indecent act by force. The Plaintiff was a student of the same school as Defendant C, and the Plaintiff was under mental shock due to the Defendant C’s illegal act, and was under the Defendant C’s emotional distress, psychological apprehension, depression, counseling and medication. Although Defendant C received juvenile protective disposition in the criminal trial process of the instant case, it appears that the indecent act itself was acknowledged as a juvenile without any specific punishment power, it appears that Defendant C received juvenile protective disposition in the criminal trial procedure of the instant case, but the correction through discipline and edification was more effective. The content and method of the indecent act by force, motive and background of the indecent act, whether the Defendant C’s efforts to recover damage was committed, whether it was against the Defendant C’s endeavor and reflect, the Plaintiff’s status after the indecent act, and the Plaintiff’s amount of consolation money and equality as to the Plaintiff’s pleading as a whole circumstances.

Therefore, from July 3, 2013, which was an illegal act against the Plaintiff, the Defendants jointly do not have to dispute over the existence or scope of the instant obligation from July 3, 2013 to July 21, 2015, 5% per annum under the Civil Act and 5% from the following day to the day of full payment.

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