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(영문) 서울남부지방법원 2020.10.14 2020가단216107
손해배상(기)
Text

1. The defendant's KRW 18,00,000 and its amount shall be 5% per annum from March 17, 2020 to October 14, 2020 to the plaintiff.

Reasons

1. The facts of recognition are as shown in the annexed sheet of claims and the changed causes of claims;

[Reasons for Recognition] deemed confession (Article 208(3)2 and Article 150(3)1 of the Civil Procedure Act)

2. Determination

A. The right to sexual self-determination of the liability for damages refers to the right that each person independently establishes sexual values based on his/her own choice and selects the other party under his/her own responsibility according to his/her own decision made based on his/her own decision. The right to sexual self-determination refers to the right to choose the other party at his/her own free will and to have a sexual relationship. Furthermore, in light of the perception of marriage and sexual conduct in our society, evaluation thereof, etc., whether the other party is a married person or not is a married person constitutes a very important basis in selecting the other party in a sexual relationship. Thus, one act of actively notifying the other party of his/her marriage or inducing the other party explicitly or implicitly to be omitted from mistake constitutes a tort that infringes on the other party’s right to sexual self-determination.

According to the above facts of recognition, the defendant, who has a legally married spouse, concealed the fact of marriage to the plaintiff who is an unmarried female, and deceiving the plaintiff (the spouse was a dead female-friendly organization before the example). Such act constitutes a tort by interfering with the free decision-making of the plaintiff's sexual self-determination and infringing on the right to sexual self-determination.

Therefore, since it is obvious in light of the empirical rule that the plaintiff suffered mental suffering, the defendant is obligated to do so in monetary compensation for the plaintiff's mental suffering.

B. The Plaintiff and the scope of liability for damages.

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