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1. The Defendant’s KRW 20,000,000 as well as its annual rate from July 1, 2014 to November 24, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On February 5, 1982, the Plaintiff and C had two children as a legally married couple who completed the marriage report, and the agreement was reached on March 15, 2013.
The defendant had two children as a couple of the D and the legal couple of the female couple C, but the agreement was reached on December 20, 2012.
B. The original Defendant committed an unlawful act, such as having sexual intercourse from October 2009 to October 201, 2012.
Upon learning of the Defendant’s wife D, the Defendant filed a lawsuit against the original Defendant for the payment of solatium 70 million won with the court heading 2013da100733 (2013s.10197). On May 10, 2013, the said court rendered a compulsory adjustment decision stating that “D shall jointly and severally pay KRW 20 million to D until June 30, 2013, and pay KRW 20 million to D until July 31, 2013 (hereinafter “instant compulsory adjustment decision”).” The said decision was finalized as it is because all the original Defendant did not raise any objection.
C. On the other hand, on January 23, 2013, D used the claim amount of consolation money and the claim amount of KRW 70 million to be paid for real estate owned by the Plaintiff as the KRW 70 million in this court’s provisional seizure on real estate (No. 2013Kadan380). The Plaintiff paid KRW 20 million to D on June 28, 2013, and KRW 20 million on July 30, 2013, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the plaintiff's claim was jointly and severally liable to D with D based on the compulsory adjustment decision of this case. In light of the fact that the fraudulent act between the original defendant was caused by the defendant and continued to be sustained, the defendant is liable to pay to the plaintiff 30 million won and damages for delay corresponding to the part to be borne by the defendant.
B. According to the above facts of recognition, the original defendant is obligated to compensate for damages arising from the mental suffering of D as a joint tortfeasor, and the decision of compulsory adjustment of this case is made.