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The defendant shall pay 25 million won to the plaintiff and 5% per annum from July 9, 2016 to December 8, 2020, and the following.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in combination with the whole purport of the pleadings as stated in Gap evidence Nos. 1, 2, 11, 12, 23, Eul evidence Nos. 1, 4 through 6, 8, 9 (including branch numbers, if any).
On June 23, 199, the plaintiff completed the marriage report with C on June 23, 199, and two children under the chain.
B. The Plaintiff, C, and their spouses live in the same apartment complex, and they were known from around 2009.
C. On July 9, 2016, the Defendant maintained internal relations by having a sexual intercourse with C with C on several occasions after having a sexual intercourse with C, and was discovered to the Plaintiff on July 4, 2018.
1) On August 22, 2018, C filed a complaint with the Defendant to the effect that the Defendant committed an indecent act and rape with himself/herself by force on July 9, 2016, but the prosecutor was unable to believe C’s statement on April 30, 2019, and C made a decision to dismiss C’s application for adjudication on the grounds that C’s relationship with the Defendant was determined to have distorted the facts known to the Plaintiff, the husband, and thereby made a complaint. 2) Accordingly, C filed an application for adjudication with Seoul High Court 2020 early 1368. On June 19, 2020, the said court rejected C’s application for adjudication on the ground that the prosecutor’s materials submitted by investigation records and C alone cannot be deemed to have been erroneous.
3) The Supreme Court Decision 2020Mo2123 Decided November 5, 2020 dismissed the reappeal on the grounds that C filed a reappeal against the above dismissal decision. E.C was charged with a criminal act committed by the Defendant on July 9, 2016, which was naturally consistent with his/her own view and under agreement, and was committed for the purpose of having the Defendant commit an indecent act or rape against himself/herself, even though he/she did not have been forced.
The above court held on February 6, 2020 that C's accusation is false.