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1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from January 3, 2019 to January 15, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff and the defendant are legally married couple who completed the marriage report on June 18, 1994, and have four children under the chain.
B. From May 2017 to November 2017, the Defendant given and received a D message between C and provided a talk about the fact of sexual intercourse, and on November 21, 2017, the Defendant sought a wave who is residing in C and sent time.
C. On December 5, 2018, the Plaintiff filed a lawsuit against E with the Incheon District Court 2018Da123378 (hereinafter referred to as “final judgment”) claiming consolation money on the ground that E committed an unlawful act with the knowledge of the Defendant’s spouse. On June 20, 2019, the said court rendered a judgment in favor of the Plaintiff that “the Defendant (E) shall pay to the Plaintiff 20 million won and the amount of 5% per annum from December 15, 2018 to June 20, 2019, 15% per annum from June 21, 2019 to June 20, 2019.” The said judgment (hereinafter referred to as “final judgment”) became final and conclusive at that time.
On June 28, 2019, the Plaintiff received all the above judgment amount from E.
As between September 2017 and November 2017, the Defendant sent and received the message, such as “self-state,” even with women other than C and E.
E. The Plaintiff and the Defendant are in a separate place from October 2017.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 8, Gap's 13, Eul's 1, and the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) Husband and wife shall have the duty to live together, and support and cooperate with each other (Article 826 of the Civil Act). Husband and wife shall have the duty to cooperate with each other in a comprehensive manner in order to maintain marriage as a marital community by cooperating and protecting each other as a community of mental, physical or economic integration.
As the contents of the marital or marital living obligation, which are the contents of the marital or marital living obligation, the couple shall not commit any unlawful act.