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(영문) 서울중앙지방법원 2016.12.13 2015가단5384753

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2014, the Plaintiff became aware of the Defendant who was a guest while working as a guest at the entertainment tavern located in Gangnam-gu Seoul Metropolitan Government as a guest in Gangnam-gu, and several times of sexual intercourses were concluded, and the contact was closed.

Then, around September 19, 2015, the Plaintiff sent obscene pictures and videos to the Plaintiff via the Kakakaox on several occasions, where the Plaintiff had contacted the Defendant with the Kakaox message and had the Defendant re-explosed, and had sexual intercourse with the Defendant.

B. On October 14, 2015, the Defendant taken pictures of sexual intercourse with the Plaintiff.

Since then, the plaintiff asked the defendant to delete a sexually related motion picture taken by the defendant, and the defendant confirmed that the video was continuously deleted, and the conflict occurred, such as the plaintiff's request to confirm that the video was continuously deleted, and thus, the relationship was organized around October 20, 2015 and the relationship was no longer continued.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, Eul evidence Nos. 1 through 7 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant continuously demanded the plaintiff to have a imprudent gender relationship (a 16-time gender relationship for 2 weeks) and a dynamic gender relationship (a two males including the defendant and the plaintiff's gender relationship).

The defendant sent obscene photographs and videos to the plaintiff and suffered mental pain from the invasion to the plaintiff.

The plaintiff himself/herself, as the president of a large enterprise, was a prudent, and was capable of making the plaintiff to be an artist in his/her possession of a margin, and in particular, taking the plaintiff and the head of a sexual relation as a video in his/her possession of a video, as if it were necessary in his/her entertainment, was forced to take a video picture, and in fact, it was forced to take

Although the defendant had deleted and confirmed sexually related videos and photographs, it did not confirm them, it is very difficult for the plaintiff to spread the videos taken by the defendant.