beta
(영문) 의정부지방법원 2019.11.14 2019나201564

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The parties' assertion

A. On December 4, 2017, the Plaintiff and the Defendant met at a meeting called “C”. At the time, the Defendant introduced the Plaintiff as the Plaintiff’s divorce and actively sought to the Plaintiff.

The plaintiff and the defendant began teaching system from around 100 to 2000, and they had sexual intercourse, and the defendant had acted at the time of receiving a usual telephone.

Ultimately, on February 26, 2018, the Plaintiff directed the Defendant into a telephone call, and sought from the Defendant the fact that the Plaintiff is a father-Nam who is still in the period of divorce, and thereby was subject to severe mental impulses.

Therefore, the defendant is obligated to pay consolation money for mental damage to the plaintiff.

B. From September 2017, the Defendant did not overcome the difference between the spouse and the spouse and did not proceed with the divorce, and the Plaintiff was living separately at the time of the delivery of the Plaintiff, and the court filed an application for divorce with the court during the period of divorce.

Since the defendant stated that the plaintiff was at the time of divorce and did not say that he was divorced, he did not deceiving the plaintiff, and therefore, he cannot respond to the plaintiff's claim.

2. Determination

A. The first sexual self-determination right refers to the right that each person has established his own sexual values on the basis of his own life / her own choice, selects the other party under his / her own responsibility and have a sexual relationship based on his / her own decision. From the standpoint of women, even if the other male demands a sexual relationship with the expression of active difficulties, whether or not a sexual relationship has a sexual relationship is judged by women themselves and the liability incidental thereto is in principle, but the above sexual self-determination right refers to the right that anyone selects the other party at his / her free will and has a sexual relationship without undue interference, and furthermore, us is our country.