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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The parties' assertion
A. On November 2, 2009, the Plaintiff got married with C on November 2, 2009 according to the Family Union Marriage Act.
However, the Defendant continued to be in contact with C from July 4, 2013 to July 6, 2013, and caused severe mental damage to the Plaintiff by committing an unlawful act, such as having traveled to Japan along with Japan.
Therefore, the defendant is obligated to pay consolation money of KRW 20 million and delay damages to the plaintiff.
B. From around 2007, the Defendant knew with C, but came to know of the fact that C was married at the end of 2013.
In addition, at the time of the defendant's teaching system with C and C, the divorce document was already received between the plaintiff and C.
Therefore, the defendant is not liable for the failure of marriage between the plaintiff and C.
2. Determination
A. In light of the following circumstances, it is reasonable to view that the Defendant continued to commit an illegal act for a considerable period of time, knowing that he/she had a spouse for a considerable period of time, by comprehensively taking into account the following circumstances acknowledged by adding up the descriptions of evidence No. 1-3, 4, Gap evidence Nos. 2, 3, and Eul evidence No. 4 (including the serial number, if any),
Therefore, the defendant is obliged to pay consolation money and damages for delay as mental compensation to the plaintiff.
① From January 2013 to November 201 of the same year, the Defendant made a telephone call over several times without setting a week and night with C.
In addition, 10 minutes or more of them reach 14 times.
In the situation where C has a legal spouse, the monetary content is somewhat different from the fact that C is a mere kind of friendship.
② Also, from July 4, 2013 to July 6, 2013, the Defendant was accommodated in the hotel with C while making a Japanese trip.
In this regard, while the defendant had contact with C, he was allowed to travel with Japan travel together with it, and accommodation.