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1. The defendant shall pay to the plaintiff KRW 17,00,000 as well as 5% per annum from May 16, 2020 to October 14, 2020.
Reasons
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 10, the fact that the Plaintiff completed the marriage report with C on July 30, 2002 and had a child among them, and the Defendant committed unlawful acts, such as having a relation of marriage with C, having knowledge that C was in a marital relationship with the Plaintiff, and having a relation of sex, etc., with the knowledge that C was in a marital relationship with the Plaintiff, may be recognized respectively.
According to this, the defendant is liable for compensating for mental damage suffered by the plaintiff due to the above tort, since he violated or obstructed the plaintiff's community life or the maintenance of the plaintiff's marital life and infringed the plaintiff's rights as his spouse.
Furthermore, in full view of the contents of fraudulent act which can be recognized by comprehensively taking into account the purport of the entire arguments on the evidence mentioned above, the period of marriage between the plaintiff and C, the degree of failure in the marital relationship between the plaintiff and C, and the degree of mental suffering, it is reasonable to determine the amount of consolation money to be paid to the plaintiff by the defendant as 17,00
Therefore, the defendant is obligated to pay to the plaintiff 17,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 16, 2020 to October 14, 2020, which is the date when the judgment of this case is rendered, and 12% 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, since it is obvious that the delivery day of the copy of the complaint of this case claimed by the plaintiff is the day after May 16, 2020, which is the day after the date when the defendant delivered the copy of the complaint of this case to the plaintiff. Thus, the plaintiff's claim is accepted within the extent of the above recognition