(영문) 수원지방법원안산지원 2019.03.20 2018가단60925

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2019.03.20 2018가단60925

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate of KRW 5% from August 8, 2018 to March 20, 2019 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is unmarried women, and the Defendant is married on January 1, 2016 and has a spouse.

B. In order to prepare a research paper in 2017, the Plaintiff became aware of the Defendant while recruiting researchers to participate in the research. At the time, the Defendant was found to have concealed the marriage and was 30 years old.

C. The Plaintiff and the Defendant brought to South Korea following January 30, 2018, and became the first sexual relationship with the Plaintiff and the Defendant, going through two-day trip around 30 days, respectively.

Since then, the plaintiff and the defendant showed that they had sexual intercourse with the plaintiff and the defendant, and on May 2018, the plaintiff appeared to have been able to avoid a little of the defendant's thinking about marriage.

(Plaintiffs are "I am me at the time of a year. I want to marry promptly, but I do not see one year. I am me we see that we see that the Defendant is reliance on the good faith and good faith."

On May 2018, the Plaintiff became aware of the fact that the Defendant had been married while searching the Defendant Caldi around the end of May, 2018.

E. The Plaintiff received shock from the day and received psychological counseling.

[Reasons for Recognition] Facts without dispute, Gap 1 to 9 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

2. Determination

A. The right to sexual self-determination on the occurrence of liability for damages refers to the right to choose the other party and have a sexual relationship with the free will without any unfair interference of the other party. Whether the other party is a married person or not is a married person is very important matter in making such a decision. As such, the act of actively notifying the other party of false facts about his/her marriage or of inducing the other party explicitly or implicitly so that the other party may be omitted from mistake constitutes a tort

In light of the above facts of recognition, if the plaintiff knew of the defendant's marriage, he would have the defendant know about it.

유사 판례

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