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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from March 15, 2019 to December 6, 2019, and the following.
Reasons
1. Basic facts
A. The plaintiff is unmarried female, and the defendant is married male.
B. On October 25, 2018, the Plaintiff and the Defendant began to contact with each other with the Messenger, and on November 2, 2018, the Plaintiff and the Defendant continued to contact with each other before the Defendant notifies the Plaintiff of its objection, and continued to have a sexual relationship with each other before the Defendant notifies the Plaintiff of its objection.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 8 (including branch numbers), the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion was first married on November 3, 2018 after the date of the first arrival with the Plaintiff, and the Defendant, by deceiving the Plaintiff by continuing to contact with the Plaintiff and concealing the fact that the Plaintiff was married, thereby infringing the Plaintiff’s sexual self-determination right to sexual intercourse with the Defendant, and by deceiving the Plaintiff to make a decision on sexual intercourse with the Defendant. As the Plaintiff became aware that the Defendant was a married person, the Defendant was liable to pay consolation money of KRW 30,000,100 for mental damage and delay damages to the Plaintiff.
B. The right to sexual self-determination on the cause of a claim refers to the right that each person has established the sexual values independently on the basis of his/her own choice, and on the basis of his/her own decision, selects the other party under his/her responsibility and have a sexual relationship. From the standpoint of women, even if the other male demands a sexual relationship with the expression of active difficulties, whether or not a sexual relationship exists shall be judged by women themselves and, in principle, he/she is in principle responsible for him/herself. However, such right to sexual self-determination refers to the right that anyone selects the other party and has a sexual relationship based on his/her free will without undue interference from the other person, and furthermore, awareness of the marriage and sexual act in our society and its awareness.