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1. The Defendant’s KRW 9,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 19, 2018 to December 20, 2018.
Reasons
1. Facts of recognition;
A. The defendant completed the marriage report with C on March 28, 2014 and has one child among them.
B. On November 2015, the Plaintiff first known the Defendant, the president of the rental car company, who was dispatched to the site after having suffered a traffic accident, and continued sexual intercourse at the Mourto or overseas travel site from January 2016 to April 2017. On January 2017, the Plaintiff was pregnant with the Defendant’s child and was born.
C. On April 15, 2017, the Plaintiff sent C, along with a photograph, a message about an inappropriate relationship with B.
C filed a lawsuit claiming damages (Seoul Central District Court 2017da51977000) on the ground that a married couple’s communal life was infringed due to an unlawful act committed by the Defendant with the spouse against the Plaintiff, and the said court rendered a judgment on April 19, 2018 that the Plaintiff would pay C the consolation money of KRW 15 million and the damages incurred therefrom. The above judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, entry of Eul evidence 1, purport of the whole pleadings
2. Determination on the cause of the claim
A. The right to sexual self-determination of the relevant legal principles refers to the right that each person has established his/her own sexual values based on his/her own choice and has a sexual relationship with his/her own responsibility according to the self-determination that he/she has made. Although women demand a sex act in the course of promising marriage, women's own decision whether he/she has a sexual relationship with the other person and are responsible accordingly. However, the right to sexual self-determination refers to the right that anyone selects the other party and has a sexual relationship with his/her own free will without undue interference from the other person, and furthermore, it refers to the marriage of our society.