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The defendant's KRW 20,000,000 for the plaintiff and 5% per annum from September 2, 2020 to December 18, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff and C have completed the report of marriage on January 25, 2012, and have continued the marriage relationship until the date of closing the pleadings in the instant case.
B. From May 2020 to August 24, 2020, the Defendant met C at a private school meeting, and knew that C had a spouse, but around that time, expressed C with several times of communication, exchanged a message with C, and provided a sexual relationship several times of communication from around August 24, 2020.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to view that the defendant, even though he/she is a spouse of C, committed an unlawful act with C, thereby infringing upon or impeding the marital life of the plaintiff and C and infringing on the plaintiff's spouse's right as the spouse. Accordingly, it is obvious in light of the rule of experience that the plaintiff suffered mental
Therefore, the defendant is obligated to pay consolation money to the plaintiff as compensation for mental damage.
Furthermore, with regard to the scope of liability for damages, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 20,000,000, in consideration of various circumstances shown in the pleadings of the instant case, such as the health group, the facts recognized earlier, the evidence and the purport of the entire pleadings, the content, degree and period of the misconduct committed by the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the Defendant’s misconduct
3. Accordingly, the defendant's action is promoted from September 2, 2020 to December 18, 2020, which is the day following the delivery date of a copy of the complaint of this case, as the plaintiff seeks from September 2, 2020 to the day after the date of the decision, to the day after full payment of consolation money 20,000 won and the following day.