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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from October 9, 2019 to April 23, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The pertinent Plaintiff is the husband and wife who completed the marriage report on September 10, 2013, and has two minor children under the slick, and the Defendant is the Defendant’s workplace rent.
B. The Defendant’s wrongful act has continued to establish a fraudulent relationship including a sex relationship with C from December 2018, knowing that C is a father-child and minor child married to the Plaintiff.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 16, the purport of the whole pleadings
2. The Defendant liable to compensate for damages, even though he knows that C is the husband of the Plaintiff, has committed an improper act, including a sexual intercourse, while maintaining an inappropriate relationship. Such an improper act is a tort that infringes on or interferes with the husband’s common life, which is the essence of the marriage between the Plaintiff and the husband, and infringes on the Plaintiff’s spouse’s right as the spouse, and thereby, has inflicted mental pain on the Plaintiff. Accordingly, the Defendant should have the Plaintiff
Furthermore, it is reasonable to determine 20,000 won in consideration of all the circumstances, including the health care unit, the content and degree of the Defendant’s misconduct, the period during which the Defendant maintained improper relations, and the period of married life between the Plaintiff and C.
3. If so, the defendant is obligated to pay to the plaintiff 20 million won and the amount equivalent to 5% per annum as stipulated in the Civil Act from October 9, 2019 to the date following the delivery date of the complaint of this case, as claimed by the plaintiff, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim shall be accepted within the above scope of recognition.