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1. The Defendant’s KRW 8,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 15, 2019 to August 14, 2019.
Reasons
1. In light of the entirety purport of evidence Nos. 1 through 8, evidence Nos. 1 and 1 (including each number), and all pleadings, the Plaintiff and C are legally married couples who completed the marriage report on November 3, 201, and the Defendant, knowing that they were the spouse of C from the end of December 2018 to the end of January 2019, has maintained internal relations with C, by establishing a sexual relationship with C, even though they are aware that they were the spouse of C.
According to the above facts of recognition, it is reasonable to view that the defendant committed unlawful acts with C, thereby infringing upon the marital life between C and C, and infringed upon the spouse's rights, thereby suffering from mental pain to the plaintiff.
The defendant is obligated to pay consolation money for tort to the plaintiff.
[Defendant maintained internal relations, such as the establishment of a sexual intercourse with C even after he became aware that C is a spouse, and thus, the circumstance that the Defendant was unaware of C at the time of having the first sexual intercourse with C does not affect the conclusion above. 2. Taking into account all the circumstances indicated in the pleadings of the instant case, such as the content, degree and period of misconduct within the scope of liability for damages, the marriage period and family relationship between the Plaintiff and C, and the impact of the Plaintiff’s marital relationship, it is reasonable to determine the amount of consolation money as KRW 8,00,000.
Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at each rate of 5% per annum under the Civil Act from March 15, 2019 to August 14, 2019, which is the date following the date of service of a copy of the complaint of this case, which is the day of service of the Plaintiff as to whether the Defendant is liable to pay damages for delay calculated at each rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
Article 3 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.