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(영문) 수원지방법원 성남지원 2018.06.27 2017가단227553
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 9, 2017 to June 27, 2018.

Reasons

1. Basic facts

A. In around 2000, the Plaintiff was able to teach about two and half years and six months with the Defendant and the Defendant became the cause of the Defendant’s birth to another woman.

B. Around 2010, the Plaintiff appeared to meet with the Defendant by making a re-convening with the Defendant, and was frequent from August 2016, and was fluencing with the Defendant from May 16, 2017.

The defendant had both the plaintiff and the plaintiff's friendship before and after the school system.

C. During the course of teaching with the Defendant, the Plaintiff also told the Plaintiff that he will be held liable for pregnancy if he is pregnant.

On November 2017, the Plaintiff became aware of the fact that the Defendant was the father-child and the father-child.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. Establishment and scope of liability for damages;

A. The right to sexual self-determination of the liability for damages refers to the right that each person has a sexual value on the basis of his own choice, etc. based on his own choice, selects the other party under his responsibility and have a sexual relationship according to his own decision. Even if the other male is demanded to engage in sexual intercourse while promising marriage, in principle, whether the other female has a sexual relationship or not shall be judged by himself and the liability incidental thereto shall also be borne by himself.

The above right to sexual self-determination refers to the right to choose the other party at his own free will without undue interference from other persons, and to have a sexual relationship. Furthermore, in light of the perception and evaluation of the marriage and sexual conduct in our society, whether the other party is a married person or not is a married person is a very important fact in selecting the other party to enter into a sexual relationship. Thus, one party is a marital fact.

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