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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from October 28, 2014 to May 20, 2015.
Reasons
1. Facts of recognition;
A. The plaintiff completed the marriage report with C on January 19, 200.
B. The Defendant became aware of C around September 2009, and maintained inappropriate relations, such as sexual intercourse, by being aware that C is a woman of his/her spouse, until May 2014.
C. On February 10, 2015, the Plaintiff shared a divorce agreement with C.
【Fact-finding without dispute over the basis of recognition】 Facts-finding, Gap's evidence 1 through 3, 9, 10, 16, and the purport of the whole pleadings
2. Determination
(a) A person who has a spouse for liability for damages or a person who has committed an unlawful act shall constitute a tort against his/her spouse, and shall have the obligation to inflict a mental suffering inflicted upon his/her spouse;
In addition, fraudulent acts stipulated in Article 840 subparagraph 1 of the Civil Code include all acts which are considered not to be faithful to the duty of mutual assistance of the married couple, even though they did not reach the common sense as well as the common sense.
According to the above facts of recognition, the defendant's act of maintaining improper relations with C while being aware of the fact that he was a woman of the spouse C, constitutes a tort against the plaintiff, who is the spouse under the law of C. Since it is obvious in light of the rule of experience that the plaintiff suffered mental suffering due to the above tort, the defendant is obligated to do so to the plaintiff in money.
B. Furthermore, the scope of the Defendant’s liability for damages and the amount of consolation money that the Defendant is liable, the Plaintiff and C’s marital relationship and family relationship, the Plaintiff intended to divorce during the marriage period regardless of the instant case, the Plaintiff had been living separate from C for a considerable period of time due to C’s debt issues, the period and degree of fraudulent act committed by the Defendant and C, and the Defendant paid several amounts of money upon C’s request during the period in which the Defendant was in an unlawful relationship, and the Plaintiff and C currently shared divorce.