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(영문) 인천지방법원 2019.05.23 2018나60093

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion that Defendant B had no intention to marry with the Plaintiff in a de facto marital relationship with Defendant C, but became a father-Nam and the Plaintiff had access to the Plaintiff and entered into a sex relationship with the Plaintiff, starting the teaching system.

After that, when the Plaintiff became aware of the relationship with the Defendants, Defendant B’s act of arranging the relationship with Defendant C was false and infringed upon the Plaintiff’s sexual self-determination right by holding the Plaintiff in a regular relationship with the Plaintiff and maintaining the sexual intercourse.

After that, the defendants assault the plaintiff, which resulted in the plaintiff's injury requiring two weeks' medical treatment.

Therefore, Defendant B is obligated to compensate the Plaintiff for damages (i.e., KRW 15.2 million for the infringement of the right to sexual self-determination (i.e., KRW 2., KRW 2.2 million for the appointment of an attorney-at-law who filed a criminal complaint of KRW 10 million); Defendant C is obligated to pay KRW 5.2 million out of the above money (the sum of the above attorney-at-law appointment costs and violence consolation money) and damages for delay.

B. As to the damages caused by the infringement of the first right to sexual self-determination, the right to sexual self-determination refers to the right to choose the other party under his responsibility and to have a sexual relationship based on the personality and life of his own choice on the basis of the self-determination of his own choice.

In other words, it is the principle that whether or not to have a sex relationship is judged by itself and the responsibility for it is also responsible.

However, the above right to sexual self-determination refers to the right to choose the other party on the basis of one’s own free will and to have a sexual relationship, and further, in light of the perception of marriage and sexual act in our society, evaluation thereof, etc., whether the other party is a married person or not is a very important basis for selecting the other party to enter into a sexual relationship.

one of its own.