[Seoul Damages Attorney Favorable Judgment] Successful Consolation Money Claim with the Assistance of a Seoul Damages Attorney

The client had dated the defendant for about 3 years on the premise of marriage.

One day, the client happened to check the defendant's old mobile phone.

In the defendant's call log, the client found numbers saved as wife and son.

Angered by this, she demanded that the defendant tell her the truth, and although the defendant avoided answering at first, he ultimately confessed the facts.

Feeling an indescribable sense of betrayal, the client came to the Seoul damages attorney to file a damages lawsuit against the defendant, who had deceived her.

The client's right to sexual self-determination was infringed by the defendant's deception.

The court held that 『even though the crime of sexual intercourse under pretense of marriage has been abolished, this does not mean that civil liability arising from such conduct is also denied,』 thereby understanding conduct involving sexual intercourse under pretense of marriage as a matter of civil liability.

The court has held as follows.

■ ‘The right to sexual self-determination means the right of each person to independently establish their own values regarding sexuality based on a self-chosen outlook on life, and, on that basis, to select a partner and engage in sexual relations of their own free will and under their own responsibility, free from undue interference by others. From a woman's standpoint as well, even if the male partner requests sexual relations while actively expressing affection, the principle is that the woman herself decides whether to engage in sexual relations and bears the resulting responsibility on her own.’

■ ‘While infringing on another person's right to sexual self-determination may constitute a civil tort, in order to find that the right to sexual self-determination has been infringed beyond the degree legally permitted, the matter should not be assessed merely on the basis that elements such as deception existed in the course of reaching the sexual relations. Rather, it should be judged in light of the sound common sense and sense of justice of our society, taking into account various circumstances, including the words and conduct that influenced the exercise of the right to sexual self-determination up to the point of the sexual relations.’

■ The Seoul damages attorney emphasized that, although the defendant claimed that his marital relationship with his spouse had in substance broken down and that he had not met his spouse privately, a recent photo taken together with his spouse had been uploaded to social media, indicating that he was maintaining the marital relationship.

■ The Seoul damages attorney emphasized that the client had met the defendant through a matchmaking agency and, having been informed of the defendant's profile, had no choice but to believe that the defendant was single.

■ The Seoul damages attorney emphasized that, although the defendant had ample opportunity to inform the client that he had a wife and child, he thoroughly concealed these facts for about 3 years and thereby deceived the plaintiff.

The case above was an instance in which the client, who had suffered great emotional distress upon learning of the defendant's married status, succeeded in a claim for damages.

Are you someone who, like in this case, needs the assistance of an experienced attorney to proceed with a damages lawsuit?

You may reach out at any time to the Seoul damages attorney, who has extensive experience handling such cases.