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1. The Defendant’s KRW 1,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 6, 2016 to March 16, 2017.
Reasons
1. The Plaintiff asserts that the Defendant should compensate for 20,000,000 won as consolation money, since the Plaintiff maintained an illegal relationship with the Plaintiff’s de facto spouse C by maintaining the Plaintiff’s de facto marital relationship.
On the other hand, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant committed a fraudulent act to the extent that illegality is recognized, and there is no other evidence to prove this otherwise, and thus, the plaintiff's assertion on this part on the premise that the defendant is liable for tort due to the fraudulent act
2. Determination as to the claim for damages caused by defamation
A. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 9 and 10, the defendant: (a) accessed the defendant's account; (b) placed without permission evidentiary documents attached to the complaint in this case, which contain personal information of the plaintiff and the plaintiff's family members, on the ground that the plaintiff maintained an illegal relationship with the plaintiff's spouse C by maintaining his/her de facto marital relationship; and (c) infringed the plaintiff's honor through an information and communications network by establishing a general public for allowing access to the defendant and the plaintiff's family; and (d) on December 7, 2016, the defendant filed a request for a summary order issued by the Chuncheon District Court to impose a fine of KRW 2,00,000 on the ground that the defendant violated the Act on Promotion of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, etc. (Defamation) but then withdrawn the summary order; and (e) based on the above recognition facts, the defendant's reputation suffered by the plaintiff, thereby damaging the plaintiff's mental suffering or damage to the above.