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1. The Defendant: (a) KRW 20 million and the Plaintiff’s 5% per annum from November 1, 2019 to April 14, 2020; and (b).
Reasons
1. The facts that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 15, the plaintiff filed a marriage report on May 14, 2003 with C and the plaintiff maintained a matrimonial relationship with D and E two children under the supervision of C and E. The defendant has opened a studio in the Chungcheongnam-Gun F, Chungcheongnam-gun, the place of work of work of the remaining son from around 2018 and entered into an illegal relationship with C. The plaintiff continued to move with the defendant around September 1, 2019, and the plaintiff continued to move with the defendant around 16, 2019, but even thereafter, the defendant found the studio of C around September 16, 2019 and around November 19, 2019, and the defendant may request the plaintiff to proceed to divorce with C and the defendant around December 2, 2019.
According to the above facts and the evidence, the defendant knew that C is the father-child of his spouse, and the plaintiff was aware of the relationship between C and the defendant, who was his spouse, and continued to maintain the illegal relationship with C even though the plaintiff demanded the interruption of the relationship, and thereby suffering mental pain to the plaintiff. Thus, the defendant is obligated to pay consolation money in money. The specific amount of consolation money is determined as KRW 20 million in consideration of the circumstance and period of the illegal relationship, the attitude of the defendant committed after the occurrence of the illegal act, and all other circumstances.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum as stipulated by the Civil Act from November 1, 2019 to April 14, 2020, the date following the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, to 20 million won and 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, to the date of delivery of the copy of the complaint of this case.
2. Conclusion.