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The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from May 19, 2020 to September 16, 2020.
Reasons
If Gap evidence Nos. 1, 4, and 5 (including paper numbers) added the purport of the entire pleadings, the plaintiff and C filed a marriage report on August 6, 2004, the purport that C told the plaintiff to recognize that he/she committed an unlawful act with the defendant, and that C and the defendant attempted to make a pre-contract with the accommodation facility.
According to the above facts of recognition, the defendant appears to have been sexual intercourse with C while being aware of the fact that C is a female, which thereby, the defendant committed a tort against the plaintiff by committing an illegal act with C, who is the spouse of the plaintiff, and therefore, he shall be liable for damages against the plaintiff.
In addition, the amount of consolation money against the plaintiff shall be 15,00,000 won by taking into account the marriage period of the plaintiff and C, the existence of a minor, the degree, frequency and duration of the misconduct committed by the defendant and C, etc.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from May 19, 2020 to September 16, 2020, the date following the day when a copy of the complaint in this case is served to the Plaintiff, which is the last day of the period during which it is deemed reasonable to dispute about the existence or scope of the Defendant’s obligation to perform, and the amount of damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
Thus, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as there is no ground.