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1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from February 4, 2020 to October 21, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report with C on March 30, 2012, and has two minor children (each D and E) under the chain.
B. During the settlement of family travel expenses, etc. around May 19, 2019, the Plaintiff discovered the details of the use of F Hotel on May 11, 2019 and hotelG on May 17, 2019, and became aware of C’s unlawful act.
C. Even after the Defendant and C entered a hotel, etc., the Defendant and C sent time to each other, or sent bale images to each other.
The defendant sent to C his legs photographs, photographs potteries with C, his portrait exposure photographs, etc., or divided conversations with regard to sexual relations.
The defendant sent to C letters to the effect that he gets divorced, such as “Iskn't know about how Iskn't we do so,” and talked with C.
Meanwhile, as seen earlier, the Plaintiff was given medical treatment from the Mental Health Doctor on June 11, 2019 and August 8, 2019, after confirming the misconduct of C and the Defendant.
E. On July 17, 2019, the Plaintiff and C filed an application for confirmation of the intention of divorce with the Incheon Family Court No. 2019 Cooperation4809, but the above case was concluded on November 12, 2019 as the Plaintiff and C did not appear on the date of confirmation of the intention of divorce, and they were also residing in the same domicile without divorce.
[Reasons for Recognition] Gap 1 to 11, 14, 16, 16, and Eul 1, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the defendant recognized that he committed an unlawful act with C, who is the plaintiff's spouse, and it is reasonable to deem that the defendant's unlawful act infringed the plaintiff's common life and interfered with the maintenance thereof. Thus, the defendant shall compensate for mental suffering suffered by the plaintiff due to such unlawful act in cash.