beta
Text
1. Defendant B’s KRW 2,00,000 as well as 5% per annum from August 17, 2019 to April 28, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was the owner of a vehicle manufactured by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). On November 6, 2017, the Plaintiff became aware of Defendant B, who visited the D Service Center to repair the said vehicle and worked as an employee.
B. The Plaintiff, from January 2018 to February 2, 2018, had sexual intercourses three to four times with Defendant B, and the Plaintiff, the wife of Defendant B, who became aware of this, filed a claim for mental damages against the Plaintiff for tort as Seoul Southern District Court Decision 2019Kadan216927, but the above court rendered a judgment dismissing the Plaintiff’s claim on January 16, 2020 on the ground that the Plaintiff had sexual intercourses with Defendant B with his father on the ground that he was aware of the fact that he was the father’s father’s father. The above judgment became final and conclusive around that time.
(hereinafter referred to as “related litigation”). [Grounds for recognition] without dispute, entry of Gap evidence Nos. 11 and 15, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. Determination as to the claim against the defendant B 1) The summary of the plaintiff's assertion as to the violation of the right to sexual self-determination is that the defendant B belongs to his father and infringes on the plaintiff's right to sexual self-determination, such as sexual intercourse with the plaintiff. Thus, the consolation money of KRW 10,000,000 and damages for delay should be paid.
B) The judgment (the right to sexual self-determination of the liability for damages refers to the right that each person has established his own sexual values on the basis of his own choice, and the right to select the other party and have a sexual relationship under his own responsibility according to his own decision. The following circumstances, namely, the Plaintiff came to know after visiting the Service Center for the Repair of the Defendant B’s vehicle, and the Defendant B sent a letter of courtesy to the Plaintiff in relation to the repair of the vehicle and then sent it to the Plaintiff.