The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from March 27, 2020 to November 26, 2020, and thereafter.

Basic Facts

The defendant is a couple who reported marriage with C on January 27, 2006.

The plaintiff had two children in the state of divorce, and since August 2018, the plaintiff provided a teaching system with the defendant.

At the time, the defendant was the plaintiff's unmarried.

On March 2019, the Plaintiff became aware of the fact that he was pregnant with the Defendant’s child, and gave birth around October 2019.

The defendant expressed that he was the father of the mother around May 2019 during the pregnancy period to the plaintiff.

On November 30, 2019, the Defendant agreed to pay KRW 102,60,000 to the Plaintiff’s child support for his child born by the Plaintiff. On December 5, 2019, the Defendant paid the full amount to the Plaintiff.

【In light of the above facts without any dispute, Gap evidence Nos. 1 through 14, and Eul evidence Nos. 1 and 1 (including each number number; hereinafter the same shall apply) and the whole purport of the pleadings, the plaintiff's act of inducing the plaintiff to omit the fact that the plaintiff was a son and did not know the fact that the defendant was a son and did not know that she was a son. If the defendant knew of the fact that she was a son, she would have developed into the relationship with the defendant and did not have a sexual relationship. Thus, the defendant's act of inducing the plaintiff to omit her marriage as above constitutes a tort that infringes upon the plaintiff's right to sexual self-determination.

Since it is obvious in light of the empirical rule that the plaintiff suffered from mental suffering, the defendant is obligated to pay monetary compensation for the mental suffering suffered by the plaintiff.

The consolation money shall be determined at KRW 20 million in consideration of all the circumstances indicated in the instant case, such as the developments leading up to the arrival of the Plaintiff and the Defendant, the duration of the teaching system of the Plaintiff and the Defendant, the Defendant’s words sent by the Defendant after the teaching system, the details and degree of the Defendant’s deception, and

Therefore, the defendant seeks from the plaintiff 20 million won and the plaintiff.