손해배상(기)
1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and KRW 5% per annum from March 14, 2014 to July 15, 2015.
According to the records of Gap's evidence Nos. 1, 6, and 10 (including several types of evidence), it is recognized that the plaintiff and C are legally married couple who completed the marriage report on May 27, 191, and the defendant knew that C is his/her spouse, and even though he/she is his/her spouse, it is recognized that C and C have a sexual intercourse over three times on January 24, 2014, February 11, 2014, March 14, 2014, etc.
According to the above facts of recognition, the defendant was aware that C is a spouse of C, and the plaintiff, who is the spouse of C, has suffered a considerable mental suffering, is obviously in light of the rule of experience that the plaintiff, who is the spouse of C, has a duty to give money to the plaintiff.
Considering the Plaintiff’s age, family relationship, circumstance in which C and Defendant committed an unlawful act, period, frequency and degree of unlawful act, circumstances in which the Plaintiff and C still continue to maintain legal marital relationship, and other circumstances shown in the argument of this case, the amount of consolation money is reasonable to determine as KRW 15 million.
Therefore, according to the theory of the lawsuit, the defendant is obligated to pay to the plaintiff the consolation money of 15 million won and the damages for delay calculated by the ratio of 5% per annum under the Civil Act from March 14, 2014, which is the date of the judgment of this court, to July 15, 2015, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of the judgment of this court, to the date of full payment.
In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.