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(영문) 서울동부지방법원 2016.10.27 2016가단111769

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from April 22, 2016 to October 27, 2016 to the Plaintiff.

Reasons

1. In full view of Gap evidence 5-1, 2, Gap evidence 6, 7, Eul evidence 8-1 through 3, Gap evidence 10 through 15, 17, and 18, and the overall purport of the pleadings as to the cause of the claim, the defendant, who is the Nam-nam, became aware of the plaintiff 38 years of age of 38,000, who was a annual merchant with Lonema’s assistant contributor around August 8, 2013. From August 16, 2013, the defendant started to open a teaching system and concealed the fact that he was the father’s spouse from around October 2013 to the plaintiff, and the defendant continued to communicate with the plaintiff on August 28, 2015, and the defendant's contact with the plaintiff on the call of the plaintiff and continued to communicate with the defendant on May 26, 2016.

Even if both parties entered into a sex relationship by mutual agreement, if the other party's act was in violation of public order and good morals, even if the other party is not liable for criminal liability, the other party's act constitutes a tort. It is reasonable to deem that the other party's act constitutes a violation of the other party's right to sexual self-determination. In this case, in light of the empirical rule, the defendant's series of acts that the defendant concealed the remaining-born facts against public order and good morals, and entered into a sex relationship with the other party on the premise of marriage constitutes an act contrary to public order and good morals. Accordingly, it is obvious in light of the empirical rule that the plaintiff suffered mental suffering, and thus, the defendant is

Furthermore, with respect to the amount of consolation money, all the arguments of this case are shown in the arguments of this case, including the period of restriction and age of the plaintiff at the time of restriction, the behavior of the defendant deceiving the plaintiff, the frequency of sexual intercourse, and the attitude of the defendant.