1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 3, the defendant covered the body of the plaintiff who was sitting in the driver’s seat in his/her body on September 19, 2017, around 18:05, when he/she was placed in the front line of Gwangju North-gu C, Gwangju-gu, and caused indecent act by force against the plaintiff, such as covering his/her face with the plaintiff’s face, and the defendant was sentenced to a fine of KRW 3.5 million for the above criminal facts on November 14, 2018 (Seoul District Court Decision 2018Da373), and on September 28, 2017, it is recognized that the defendant diagnosed the satis, sathos and tensions of the plaintiff and paid KRW 12,200,00 for medical expenses.

2. Determination as to the cause of action

A. According to the facts of the recognition as above, the Defendant committed a tort by compulsion of the Plaintiff on September 19, 2017, and thus, the Defendant is liable for the property and mental damage suffered by the Plaintiff.

B. (1) The fact that the Plaintiff paid KRW 12,200 for medical expenses due to the Defendant’s tort injury is as seen earlier.

(2) It is reasonable to deem that the Plaintiff suffered mental pain due to the Defendant’s tort. Considering the degree and circumstance of the above indecent act, the degree of mental suffering that the Plaintiff suffered through the Defendant’s above act, the amount of the fine that the Defendant received, and the circumstances after the tort, the amount of consolation money that the Defendant would compensate for to the Plaintiff is determined as KRW 5,00,000.

C. According to the theory of lawsuit, the Defendant totaled KRW 5,012,200 to the Plaintiff (i.e., 12,200 KRW 5,00 KRW 5,000,000 for damages for the medical expenses incurred during the period from September 19, 2017 to February 23, 2019, which is the date of delivery of a copy of the complaint of this case, is 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.