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1. The Defendant’s KRW 9,00,000 and its annual rate from July 1, 2016 to March 8, 2017 to the Plaintiff is 5% and the next day.
Reasons
1. Facts of recognition;
A. On June 16, 200, the Plaintiff completed the marriage report with Nonparty C on June 16, 200, and had three minor children (16, 15, 8) between C and C.
B. From January 2014 to May 2016, the Defendant exchanged with C and brought about a sexual intercourse with C, and also received monetary assistance from C.
C. Around May 31, 2016, the Defendant told the Plaintiff to prevent the Plaintiff from finding himself/herself any longer by posting a telephone.
On November 28, 2016, the Plaintiff and C agreed to divorce each other in the Changwon District Court Decision 2016Dhap10219 (the principal lawsuit), and 100240 (Counterclaim) divorce cases. As a result of division of property, the Plaintiff has the right of lease 201 Dong 4304, Changwon-si, Changwon-si, Masan-si, Masan-si, and C pays KRW 190 million to the Plaintiff instead of having ownership under subparagraph 202 of the building E-si, Changwon-si, and the claim for consolation money against both parties is waived.
[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1 through 12 (including paper numbers) and the purport of the whole pleading
2. Determination:
A. According to the above fact of recognition of the liability for damages, the marital life of the plaintiff and C was caused by an unlawful act between the plaintiff and the defendant, and thereby, it can be easily recognized in light of the empirical rule that the plaintiff suffered a severe mental suffering. Therefore, the defendant is obliged to pay compensation in cash.
[Claims for damages caused by divorce shall be subject to the exclusive jurisdiction of family litigation cases of Category C as prescribed by Article 2(1)1(c)(ii) of the Family Litigation Act, including claims against a third party.
(see, e.g., Supreme Court Decision 2013Da10104, May 16, 2014). B.
Furthermore, the scope of liability for damages and the period during which the Defendant entered into an unlawful relationship with C, the result of division of property agreed with the Plaintiff and C, such as the parties’ age, occupation, property level, status status, marriage period of the Plaintiff and C, and circumstances leading to the failure of marital life.