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The defendant shall pay 17,00,000 won to the plaintiff and 5% per annum from August 7, 2019 to August 13, 2020 and the next day.
Reasons
1. Facts of recognition;
A. On May 1, 2013, the Plaintiff and C have one parent of a minor, who is a married couple under the law that has completed the marriage report.
B. The Defendant knowingly committed unlawful acts, such as having sexual intercourse, from September 2018 to March 2019, with knowledge that C is a spouse.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. Determination
A. According to the above fact of recognition that the defendant committed an unlawful act with C, and thereby infringing upon the plaintiff's and C's marital life or interfered with their maintenance and his spouse's right. Thus, the defendant is liable to compensate the plaintiff for mental damage in monetary form.
B. Considering the various circumstances shown in the arguments in the instant case, such as the scope of liability for damages and the marriage period between the Plaintiff and C, the period, content, and degree of the unlawful act committed by the Defendant and C, and the influence of the unlawful act on the marital life of the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 1
C. In conclusion, the defendant is obligated to pay to the plaintiff the consolation money of KRW 17,00,00 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 7, 2019 to August 13, 2020 and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is the date of delivery of a copy of the complaint of this case sought by the plaintiff as a result of tort against the plaintiff.
3. The plaintiff's claim for the conclusion is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.