A. A. Around November 12, 2008, the Plaintiff lived in Germany for about 20 years, including filing a report of marriage with Germany on November 12, 2008. Around July 2018, the Plaintiff had the Defendant, who was the father of a university, lived in Germany. Around July 2018, the Plaintiff committed an unlawful act, such as having a sex relationship, even though the Defendant knew that he is the father and the mother.

B. On June 14, 2019, the Defendant recorded approximately 14 minutes of telephone conversations to the Plaintiff (hereinafter “instant telephone conversations”).

C. C, the Defendant’s spouse, filed a lawsuit claiming consolation money (hereinafter “relevant civil case”) against the Plaintiff as Seoul Northern District Court 2019Da127181, which sought compensation for damages caused by an unlawful act with the Defendant, and the said court was the same.

The record of the instant telephone conversations recorded by the Defendant was presented as evidence.

[Reasons for Recognition] Gap's Evidence Nos. 1, 2, 9, 10, Eul's Evidence Nos. 1, 2, and 3, and the purport of the whole voice and pleading

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion against the plaintiff's will, on a planned basis, recorded the instant telephone communications containing the contents of the plaintiff's misconduct and offered it to C, and C committed a tort by pointing out the false facts such as "the plaintiff had talked about usual C," thereby impairing the plaintiff's reputation, and thereby causing mental shock. Thus, the defendant is obligated to pay 31 million won and damages for delay as consolation money to the plaintiff.

B. A person who has a right not to record, reproduce, record, broadcast, or reproduce or distribute his voice against his own will. Such voice rights are rights belonging to personality rights constitutionally guaranteed by the first sentence of Article 10 of the Constitution.

In addition, Article 10 of the Constitution is together with Article 17 of the Constitution.