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1. The Defendant (Counterclaim Plaintiff) paid KRW 18,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from May 23, 2017 to November 28, 2017.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On November 29, 2013, the Plaintiff has one child as a legally married couple who completed a marriage report with Nonparty C.
B. The Defendant committed an unlawful act, such as entering a sexual intercourse with C, knowing that C had been married with the Plaintiff from January 2017 to May 2017, 201, with knowledge that C had been married with the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts finding that the Defendant committed an unlawful act with C by knowing that C was a marital relationship with C, etc. with the Plaintiff, thereby infringing upon the Plaintiff’s right as the spouse of C by infringing upon the Plaintiff’s common life of both the Plaintiff and C or interfering with its maintenance, and it is obvious in light of the empirical rule that the Plaintiff suffered considerable mental pain due to the Defendant’s unlawful act, and thus, the Defendant is obliged to compensate for mental harm suffered by the Plaintiff in money or consolation.
B. As seen earlier, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is determined as KRW 18 million in consideration of all the circumstances shown in the argument of the instant case, such as the content, circumstance, and degree of the Defendant’s tort, the period and state of marriage between the Plaintiff and C, the period and degree of such unlawful act, the influence of such unlawful act on the state of marriage between the Plaintiff and C, and the Defendant’s attitude after the occurrence of such unlawful act.
Therefore, the defendant, as a result of the illegal act in this case, is about KRW 18 million to the plaintiff and the defendant's lawsuit promotion from May 23, 2017 to November 28, 2017, the date following the delivery date of a copy of the complaint in this case sought by the plaintiff, which is 5% per annum under the Civil Act, and from the following day to the date of complete payment.