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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 7, 2019 to October 23, 2020.
Reasons
1. The Plaintiff and C are legally married couple who reported their marriage on May 26, 201, and have one child under the chain, and the Defendant, from August 2019, committed an unlawful act, such as accepting the fact that C, who is a workplace partner, was a baby, with the knowledge of the fact that C, who was a baby, was a baby, with the awareness of the fact that it was a baby, and making an entertainment on September 27, 2019, may be recognized by comprehensively taking into account the entries in subparagraphs 1 through 6 and the purport of the entire pleadings.
2. According to the above fact of recognition of liability for damages, the defendant committed an unlawful act with C even though he/she is aware that he/she is a spouse of C, thereby infringing on or hindering marital life falling under the essence of marriage, and infringing on the rights of the plaintiff as a spouse for marital common life with C, thereby suffering mental pain on the plaintiff.
As such, there is a duty to compensate for mental damage suffered by the plaintiff.
3. In full view of all the circumstances shown in the arguments of this case, including the health team, the content, circumstance, degree and period of the unlawful act of the defendant and C, the marriage period and family relation of the plaintiff and C, and the defendant's unlawful act as to the amount of consolation money that the defendant is liable to compensate for, it is reasonable to determine the amount of consolation money to be paid to the plaintiff as 15 million won.
Therefore, the Defendant, as a result of tort, is obligated to pay damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from December 7, 2019 to October 23, 2020, the date following the delivery date of a copy of the complaint of this case, which is the day when the Defendant rendered a substantial judgment, to the Plaintiff as to the existence of the obligation or the scope of the obligation, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.
4. The plaintiff's claim is justified within the above scope of recognition.