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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate from June 18, 2016 to March 23, 2017, and the following.
Reasons
1. Facts of recognition;
A. The plaintiff and C are legally married couple who reported their marriage on January 9, 2002, and the two are both parties in October 2003.
B. On October 5, 2015, the Defendant, while knowing that C is a person who is married and is a spouse, had a physical contact only or several times from around October 5, 2015, and used the word “to love, to report, to know, to know, and to know, to know.”
C. On November 30, 2015, C drafted a letter stating that the Plaintiff would reflect in depth the inappropriate relationship with the Defendant and would not be able to learn again. The Plaintiff called C and C by phone call to the Defendant around that time.
However, since February 2016, C and the defendant came to contact again.
【Reasons for Recognition】 Each entry in Gap's evidence Nos. 1 and 6, the purport of the whole pleadings
2. According to the above facts of the judgment, it is appropriate to determine that the defendant, along with C, committed an unlawful act that infringes upon the plaintiff's marital life with C, and caused mental suffering to the plaintiff.
Therefore, the defendant is obligated to pay consolation money for mental suffering to the plaintiff.
The consolation money shall be determined as KRW 15,00,000 in full view of the contents and period of the unlawful act committed by the Defendant and C, the developments leading up to the instant lawsuit, the Defendant’s attitude during the instant lawsuit, and all the circumstances during the instant pleadings.
Therefore, the Defendant is obligated to pay to the Plaintiff consolation money of KRW 15,00,000 as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 18, 2016, which is the date of delivery of the complaint of this case, to March 23, 2017, which is the date of this decision, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
3. Conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is without merit.