2015 Ghana 5384753 damages (ar)

A

B

October 4, 2016

December 13, 2016

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 50 million won with 15% interest per annum from the day after the delivery of a copy of the complaint of this case to the day of complete payment.

1. Basic facts

A. On March 2014, the Plaintiff became aware of the Defendant who was a guest while working as the entertainment drinking club located in Gangnam-gu Seoul, Seoul, and concluded a multiple-time sexual relationship. On September 19, 2015, the Plaintiff sent to the Plaintiff obscene pictures and videos via the Kakao Kakao Kakao Ma, while entering into a sexual relationship with the Defendant on September 19, 2015.

B. Around October 14, 2015, the Defendant taken pictures of sexual intercourse with the Plaintiff. After that, the Plaintiff demanded the Defendant to delete the sexual intercourse images taken by the Defendant, and the Defendant respondeded to the deletion, but the Plaintiff’s demand was made to confirm that the video was continuously deleted, and the conflict occurred, such as requesting the Plaintiff to confirm that the video was continuously deleted, and thus, arranged the relationship around October 20, 2015 and did not reach any longer.

[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

The Defendant continuously demanded the Plaintiff to have a imprudent sexual relationship (the two weeks gender relationship) and a dynamic sexual act (the two weeks gender relationship between the Defendant and the Plaintiff). The Defendant sent obscene pictures and videos from Abrush to the Plaintiff, which were suffering from mental suffering. The Plaintiff was the president of a large enterprise, and the Plaintiff was a prudent, and was capable of having the Plaintiff engage in a entertainment as an artist. In particular, the Plaintiff and the head of a sexual relationship with the Plaintiff were to take a dynamic image as if it were necessary for entertainment, and was in fact forced to take a dynamic image against the Plaintiff. The Defendant did not confirm and confirm sexual intercourse and pictures, but did not cause it to be known that the Defendant would have taken them. Such an act by the Defendant is very unstable. As a tort against the Plaintiff, the Defendant is liable for compensating the Plaintiff for severe stress and mental distress suffered by the Plaintiff.

B. Determination

In order to accept a claim for damages caused by a tort, the plaintiff must prove the illegality of the defendant's act. As a requirement for a tort, illegality means that a certain act is not allowed from the perspective of the whole legal system, and is subject to a negative judgment on it. In other words, it should be recognized that the harmful act should exceed the extent acceptable by social norms.

According to the statement and image of Gap's evidence and evidence Nos. 3 through 6, and Eul's evidence Nos. 1 through 3 in the above facts of recognition, ① the fact that the plaintiff demanded an act beyond the ordinary scope of sexual activities held between men and women (e.g., sexual intercourse between two men and one woman) to the defendant is acknowledged, but there is no such abnormal sexual relationship against the plaintiff's will. ② When the defendant sent a obscenity photograph and a motion picture to the plaintiff, the plaintiff also sent the obscenity photograph and a motion picture to the defendant by using his own organization, and ③ the defendant consented at the time of photographing the sexual intercourse with the plaintiff. Considering these circumstances, the defendant's act without confirming that the defendant requested an abnormal sexual relationship to the plaintiff, transmitted a obscenity photograph, and removed the motion picture without his consent, is not sufficient to recognize that the defendant's mental relation was unlawful and free, or that the defendant did not have any other mental relation with the defendant's body.

Rather, in light of the overall purport of the pleadings and arguments on the evidence Nos. 1 through 3 and 7, the Plaintiff filed a criminal complaint against the Defendant on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium). However, it is recognized that there was no circumstance that the Plaintiff issued a non-prosecution disposition against the Defendant on the ground that “if the Plaintiff did not refuse to send a sex-related video to the Defendant, the Plaintiff selected the Plaintiff and sent the video, photograph, etc., the Plaintiff sent the video, photograph, etc. to the Defendant; the Plaintiff himself sent the video, sound image, and sound photograph to the Defendant; the Plaintiff was sent to the Defendant; the Plaintiff was hined and demanded the Defendant to send a message to the Defendant that he would receive and take it again; and the Plaintiff could not prove the Defendant’s suspicion, and there was no circumstance that the video was distributed on the Internet, etc. by the Plaintiff and the Defendant up to now.

The plaintiff's claim of this case is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judge Jina decoration