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1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 8, 2018 to January 16, 2019.
Reasons
1. Facts of recognition;
A. On January 9, 1992, the Plaintiff married with her husband C and has two children under the chain.
B. The Defendant came to know of C around 2014, and committed an unlawful act by having sexual intercourse with C several times from around 2015 to around 2017.
C. Around August 11, 2017, the Defendant found the Plaintiff at the C’s residence where contact was avoided, and expressed the relationship with C to the Plaintiff. Around September 18, 2017, the Defendant returned to the C’s residence and brought about a dispute with the Plaintiff.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. According to the above facts of recognition, misconduct between the defendant and C constitutes a joint tort against the plaintiff, who is the spouse of C, and the plaintiff suffered a serious mental suffering. Therefore, the defendant is liable to pay consolation money to the plaintiff.
The amount of consolation money to be paid by the defendant shall be 15,00,000 won in consideration of all the circumstances, such as the period of marital life between the plaintiff and C, the period and degree of the fraudulent act between the defendant and C, and the circumstances after the fraudulent act.
Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from September 8, 2018 to January 16, 2019, which is the date following the date of delivery of a copy of the complaint of this case sought by the Plaintiff after the date of tort, to 15 million won, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.