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1. The Defendant’s KRW 20 million with respect to the Plaintiff and 5% per annum from December 13, 2015 to June 2, 2016, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff and C were married on May 23, 201, and they had two children of D (E birth) and F (G birth).
B. The Defendant, even though being aware that C is a male who has a spouse, began with one another from January 2015, and developed into an internal relationship.
C. The Plaintiff became aware of the relationship between C and the Defendant around March 2015, based on frequent external gambling, card settlement details, mobile phone details, etc. of C.
C, after one month of departure, the relationship with the defendant was settled, and on June 15, 2015, the plaintiff returned to the house, and decided to see his children.
E. However, on September 1, 2015, the Plaintiff confirmed the fact that the Defendant was pregnant with C and continued internal relations through the contents of the Kakao Stockholm dialogue exchanged between C and the Defendant.
F. C is going back again on September 1, 2015, and is currently pending with the Plaintiff.
G. On November 11, 2015, the Defendant given a miscarriage of a pregnant fetus.
[Reasons for Recognition] Facts without dispute, Gap 1 to 11, Eul 1 (including each number), the purport of the whole pleadings
2. According to the above facts of recognition, it is evident that the plaintiff suffered a severe mental pain due to the illegal act committed by the defendant and C, and therefore the defendant is obligated to do so in money.
The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 20 million, taking into account the various circumstances shown in the argument of the instant case, such as the facts of recognition and the contents, degree, and duration of the misconduct committed by the Defendant and C, and the marriage period and child relationship between the Plaintiff and C.
Thus, the defendant prescribed 5% per annum under the Civil Act from December 13, 2015 (the day immediately after the delivery date of a copy of the complaint of this case) to June 2, 2016, which is deemed reasonable for the defendant to resist the scope of his/her duty of performance, and the special law on the promotion of litigation from the following day to the day of full payment.