(영문) 서울동부지방법원 2018.04.11 2017가단119272

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(영문) 서울동부지방법원 2018.04.11 2017가단119272

위자료

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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from April 28, 2017 to April 11, 2018, and the following.

Reasons

1. Basic facts

A. The plaintiff is unmarried female as 1989, and the defendant is married as C and 2012 and has two children between C and C as 1983.

B. The Plaintiff became aware of the Defendant through Internet hosting around April 2016, and the Defendant concealed the fact of marriage to the Plaintiff, began with the teaching system with the Plaintiff since May 2016, and had sexual intercourse with the Plaintiff.

C. Around August 2016, the Plaintiff came to know of the Defendant’s D’s father, and asked the Defendant to proceed with the Plaintiff, who was divorced from C and would live together with the Plaintiff. However, around October 2016, the Plaintiff came to know that the Defendant’s life was false at the place where the Plaintiff, the Defendant, and C met with the Defendant, and ceased to meet with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not intend to marry with the plaintiff and committed a tort such as making a false speech and sexual intercourse with the plaintiff. Thus, the defendant is obliged to pay consolation money of KRW 40 million and delay damages to the defendant.

3. Determination

A. (1) In the occurrence of liability for damages, one of the parties to the classical relationship actively notifies the other party of false facts about his/her marriage or induces the other party to omit his/her mistake, all of which constitutes a tort by infringing on the other party’s sexual self-determination right. According to the above basic facts, it is clear in light of the empirical rule that the Defendant suffered emotional distress due to the Plaintiff’s concealment of the marriage facts to the Plaintiff and infringing on the Plaintiff’s sexual self-determination right by sexual intercourse with the Plaintiff.

Therefore, the defendant is responsible for compensating for mental suffering suffered by the plaintiff.

(2) The Defendant first demanded the principal teaching system, and the Plaintiff and the Defendant.

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