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The defendant shall pay to the plaintiff KRW 30,000,000 as well as 5% per annum from October 31, 2019 to September 22, 2020.
Reasons
1. According to the overall purport of the statements and arguments by evidence Nos. 1 through 3 as to the establishment of liability for damages, the Plaintiff and C are married on November 4, 2016 and have one minor grandparent, and the Defendant may recognize the fact that C had sexual intercourse only several times with C from April 2018 to October 2018 with knowledge of the fact that he/she is married.
According to the above facts of recognition, the Defendant’s wrongful act committed with C constitutes a tort that infringes upon, or interferes with, the Plaintiff’s spouse’s right as the Plaintiff’s spouse (see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). It is obvious in light of the empirical rule that the Plaintiff suffered heavy mental pain.
Therefore, the defendant is obligated to pay consolation money for mental suffering suffered by the plaintiff.
2. As to the scope of liability for damages, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be KRW 30,000,000, considering all the circumstances revealed in the pleadings of the instant case, such as the following: (a) the background and period of the Defendant’s delivery of C; (b) the degree of misconduct committed by the Defendant and C; (c) the marriage period and family relationship between the Plaintiff and C; (d) the degree of failure of marriage; (e) the circumstances after
Therefore, the defendant, as a result of the defendant's illegal act, is obligated to pay to the plaintiff the consolation money of KRW 30,000,000 and damages for delay calculated at the rate of 12% per annum under the Civil Act from October 31, 2019 to September 22, 2020, which is the date of the judgment of this case where it is deemed reasonable for the defendant to dispute as to the existence of the obligation or the scope of the obligation to pay to the plaintiff from October 31, 2019, after the delivery date of a copy of the complaint of this case sought by the plaintiff.
3. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition.