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(영문) 서울동부지방법원 2015.01.29 2014가단100512
손해배상(기)
Text

1. The defendant shall pay 15,00,000 won to the plaintiff and 20% per annum from January 30, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff (Inn, 194. Neither South nor North, and 1986) and the Defendant (in South and North Korea, 1986) came to have sexual intercourses over several times from the beginning of the teaching system around July 2013 to the end of November 2013.

At the time, the defendant was married to the plaintiff while his spouse was married, and the plaintiff believed that the defendant was unmarried during the above period.

B. On November 2013, the Plaintiff was pregnant due to the gender relationship with the Defendant and became aware of the fact around November 26, 2013.

Although the plaintiff wanted to give birth to a child by marriage with the defendant, the defendant was able to undergo a abortion surgery for the plaintiff.

C. On December 31, 2013, the Plaintiff came to know of the fact that the Defendant was the father-and-child, and received a abortion surgery around January 2014.

Around that time, the Defendant paid KRW 2,000,000 to the Plaintiff as operating expenses.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, purport of the whole pleadings

2. According to the facts of the occurrence and scope of liability for damages and the above recognition, the plaintiff believed that the defendant was unmarried women at the age of 19 at the time of the teaching system with the defendant without excluding the possibility of marriage with the defendant at least, and was in a sexual intercourse with the defendant, and entered into several times. During that process, the defendant is pregnant and unmarried, and the defendant was actively deceiving the plaintiff. The defendant's act of deceiving the plaintiff and having sexual intercourse with the plaintiff is an infringement of the plaintiff's right to decide freely on whether or not it is sexual intercourse without distorted material information that could affect the decision on whether it is sexual intercourse.

Therefore, the defendant is liable for paying consolation money corresponding to the mental suffering suffered by the plaintiff due to the above illegal act, and the plaintiff was pregnant due to the sex relationship with the defendant, and the defendant was the defendant.

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