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The defendant's KRW 20,00,000 and its relation to the plaintiff shall be 5% per annum from October 9, 2020 to January 14, 2021.
Reasons
1. Facts of recognition;
A. On March 16, 1998, the Plaintiff and C are legally married couples and have two children under the chain, and the Defendant was aware of the form of faculty of both the Plaintiff and C.
B. From around 2013, the Defendant: (a) even with knowledge that C is a spouse, and (b) had a sexual intercourse with C, with the Defendant.
(c)
The plaintiff has not filed a divorce lawsuit against C or brought a divorce by agreement.
[Grounds for recognition] Each entry and video of Gap evidence Nos. 1 through 9 (including each number), and the purport of the whole pleading
2. Determination
A. The husband and wife of the liability for damages shall be faithful to the duty of good faith, and commit unlawful acts which are not faithful to the husband and wife’s duty of good faith shall constitute tort against the other spouse.
The defendant, with the knowledge that the plaintiff was a spouse under the law due to the relationship of friendship with the plaintiff, continued to establish a illegal relationship with C with the plaintiff. The defendant's improper act causes considerable mental pain to the plaintiff.
Since it is obvious in light of the empirical rule, the Defendant is obliged to take the Plaintiff’s mental suffering from the above tort in money.
B. With regard to the amount of consolation money to be paid by the Defendant within the scope of compensation, the amount of consolation money to be paid by the Defendant shall be determined at KRW 20 million, in full view of various circumstances shown in the arguments in the instant case, such as health team, the content, degree, period, the period of the unlawful act committed by the Defendant and C, the period of married life and family relationship between the Plaintiff and C, the impact of the act committed by the Defendant and C on the Plaintiff’s marital
3. Conclusion, the Defendant, as a result of the tort against the Plaintiff, is liable for performance since October 9, 2020 following the delivery of the copy of the complaint of this case sought by the Plaintiff as a solatium 20 million won, and since then after the date of the tort.