1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

1. The fact-finding and decision of the first instance court are justified even if the evidence submitted in the first instance court for the acceptance of the judgment of the first instance is based on the evidence submitted to this court.

Therefore, the reasons for this court's reasoning are as follows, except for the addition of "2. Additional Judgment" as to the argument that the defendant adds to this court, and therefore, it is identical to the reasoning of the judgment of the court of first instance.

2. Additional determination

A. The defendant's argument asserts that the defendant's claim is offset against the plaintiff's damage claim with the claim of KRW 27,175,000 against the defendant's plaintiff admitted in Seoul Central District Court Decision 2016Da68442.

B. According to the overall purport of evidence Nos. 10 and 14 of evidence Nos. 10 and 14, a judgment was rendered on July 13, 2017 between the Plaintiff and the Defendant that “the Plaintiff (the Plaintiff of this case) paid to the Plaintiff (the Plaintiff of this case) 27,175,000 won per annum from May 1, 2015 to July 13, 2017, and 15% per annum from the next day to the day of full payment,” and the above judgment is recognized as having become final and conclusive on September 2, 2017.”

However, set-off against claims arising from intentional tort is not allowed (Article 496 of the Civil Act). The purport of the set-off is that if set-off is allowed against the damage claim arising from intentional tort, it would be unlikely that the person who committed the tort would not be actually paid damages even if he/she committed the tort. The victim caused intentional tort to be unable to receive actual reimbursement due to the tortfeasor's exercise of the offset right does not comply with the concept of social justice. Therefore, the occurrence of intentional tort and the repayment of actual repayment to the victim due to intentional tort is prevented.