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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from March 20, 2018 to April 17, 2019.
Reasons
1. The facts of recognition ① The Plaintiff and C are married couple who completed the marriage report on October 20, 2010, and they are married couple under their chain.
② Since August 2018, the Defendant was well aware of his spouse’s relationship with C, and was in a sexual intercourse with C during November 2017, 203 hours, and 1-2 days during January 2018.
③ Since November 2017, the Defendant met C at one week at one-time conference since November 2017, and in February 2018, the Plaintiff’s home had sexual intercourse C at the Plaintiff’s home and continued the relationship until the Plaintiff became aware of it on February 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 4, 6, 7, and 8, and the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. In principle, a third party who has a liability for damages commits an unlawful act with the husband and wife, thereby infringing on a couple’s communal life or hindering the maintenance thereof and causing mental pain to the spouse, constitutes a tort.
Since the fact that the defendant knowingly committed a fraudulent act with C with C even though he/she had a spouse, the defendant is liable to compensate for the damages arising from the mental suffering suffered by the plaintiff who is the spouse of C.
B. As to the amount of consolation money within the scope of liability for damages, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff as KRW 20,000,000, considering all the circumstances revealed in the proceedings of the pleadings of the instant case, such as health group, the period of marriage and family relationship of the Plaintiff and C, the period and degree of fraudulent act between the Defendant and the C, the influence of the fraudulent act on the
Therefore, the defendant shall pay to the plaintiff consolation money of KRW 20,000,000 and it shall be 5% per annum as stipulated by the Civil Act from March 20, 2018 to April 17, 2019, which is the day following the delivery date of a copy of the complaint of this case.