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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 7, 2017 to November 28, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a spouse who completed the marriage report with C on July 16, 2012, and has one male (D) between C and C.
B. However, around January 2016, the Defendant, despite being aware that C was a spouse after the first arrival of the business, maintained the relationship with C from May 2016 to August 2017, by establishing a male and female relationship with C several times with the Plaintiff from around May 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. In principle, an act of infringing on or interfering with a couple’s communal life falling under the essence of marriage by making a judgment knife or a third party’s unlawful act with the spouse, and infringing on the right as the spouse, thereby causing mental suffering to the spouse, constitutes tort.
Therefore, the defendant, even though C is a legal spouse, has maintained inhumanity relationship with the plaintiff and C while infringing upon the plaintiff's right as the plaintiff's spouse, while maintaining a marital relationship with C.
Therefore, barring any special circumstance, the court shall be obliged to compensate for mental damage suffered by the plaintiff, and the period of marriage, family relationship, circumstances and details leading up to the establishment of the plaintiff's non-wheeled relationship (in particular, the defendant committed an act and misconduct on the ground of the plaintiff's suicide house between the plaintiff and C), circumstances after the relation was discovered to the plaintiff, and the evidence submitted, including all the above evidence, including the fact that the plaintiff seems to have no intention to divorce with C, shall be determined at KRW 15 million, in light of all the circumstances acknowledged.
Therefore, the defendant's payment of consolation money to the plaintiff 15 million won and the plaintiff's delivery of a copy of the complaint of this case to the defendant from September 7, 2017, which is the day following the delivery of the copy of the complaint of this case to the defendant.