beta
(영문) 서울남부지방법원 2020.09.11 2020가단232628

손해배상(기)

Text

The defendant shall pay 17,00,000 won to the plaintiff and 5% per annum from May 9, 2020 to August 11, 2020 and the next day.

Reasons

The facts of the Defendant reported marriage with C on December 11, 2014, in full view of the following facts: (a) there is no dispute between the parties concerned; (b) evidence Nos. 1 to 8 (including the serial number); and (c) evidence Nos. 1 to 1 to 1 to 1 to 3; and (c) video No.

After that, around April 17, 2020, consultation was shared between C and August 4, 2020, which became aware of the instant case.

Inasmuch as the Defendant, who is a divorced woman, committed a sexual intercourse from around December 10, 2019 to April 12, 2020, even though he was divorced, the Defendant’s act constitutes a tort infringing the Plaintiff’s right to sexual self-determination, and it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress due to the Defendant’s illegal act, and thus, the Defendant is obliged to pay consolation money for such emotional distress to the Plaintiff.

Furthermore, with respect to the amount of consolation money, the amount of consolation money shall be determined as KRW 17 million in consideration of all the circumstances shown in the arguments in the instant case, such as the health team, the reasons why the Plaintiff and the Defendant came to come to come to death, the teaching period between the Plaintiff and the Defendant, the content and degree of the deceptive act committed by the Defendant, the Plaintiff’s impulses

Therefore, the defendant is obligated to pay to the plaintiff 17 million won as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from May 9, 2020 to September 11, 2020, the sentencing date of this case, which is the day following the delivery date of a copy of the complaint of this case claimed by the plaintiff as the day of tort, to the day following the delivery date of the copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.