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1. The Defendant’s KRW 10,000 and the Plaintiff’s 5% per annum from November 16, 2016 to May 17, 2017.
Reasons
1. From December 2015, the Defendant was liable to compensate for damages with the Plaintiff’s husband C, and the fact that the Defendant was living together with the Plaintiff’s husband was not in dispute between the parties, or by taking account of the overall purport of the pleadings in each of the evidence Nos. 6 and No. 10.
Comprehensively taking account of the above facts, the defendant is liable for the damages suffered by the plaintiff due to the non-wheeledness with C.
2. Scope of damages.
A. The Plaintiff’s assertion that the Defendant continued to engage in the relationship with C since 2012, and as a result, C had a house in order to continue the relationship with the Defendant.
Although the plaintiff and C did not reach a divorce, it is necessary to make efforts and time in the future to cure mental sufferings and to care for the marriage.
In order to raise the plaintiff's mental suffering, the defendant is obligated to pay 50 million won to the plaintiff.
B. From around 2012, the Defendant was in a bad faith relationship with C.
There is no evidence to deem that the relationship between C and the defendant was the cause of gathering C, and the cause of the claim in this case is limited to compensation for damages caused by the spouse’s unlawful act (Article 750 of the Civil Act) and does not include compensation for damages caused by divorce (Articles 843 and 806 of the Civil Act), the consolation money to be paid by the defendant shall be determined as KRW 10,000,000,000.
3. Conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 10 million and 5% per annum under the Civil Act from November 16, 2016, the day following the delivery of a copy of the instant complaint, to November 16, 2016, to May 17, 2017, which is the date of the instant judgment, and from the next day to the day of full payment, the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.