The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

In this case, under the premise that the Plaintiff’s filing of a lawsuit by the Defendant Company (Supplementary Branch of Busan District Court Decision 2019Da102916, Mar. 12, 2019) and the filing of a complaint constituted a conflict and deception against the Plaintiff, the Plaintiff is entitled to seek the payment of consolation money against the Defendant C, a representative of the Defendant Company and the director, who was the Defendant C, and the director.

First, among the plaintiff's assertion, it is difficult to accept the argument that the defendants' filing of a lawsuit and filing of a complaint constitute an attack.

Then, according to the Supreme Court's criminal judgment, such as the case of 2002Do5190 (amended by December 10, 2002) (amended by the Supreme Court), the "act fraud" is a crime with the purport of acquiring the other party's property or property interest by deceiving a court and obtaining a favorable judgment against himself/herself. The punishment of the act inevitably causes the chill of the civil trial system that anyone can claim favorable interests for himself/herself and receive remedy through a lawsuit. Thus, except in cases where the defendant recognized the crime, it shall not be easily convicted of the defendant except in cases where it is objectively obvious that the facts in the lawsuit are different from the facts, or where there is any trace that the defendant knew or attempted to manipulate the evidences clearly. The same applies to determining the establishment of a tort under the civil law.

However, even when examining the reasoning of the Decision 2019Gadan102916, which was at issue in the instant case, it cannot be deemed that the filing of a lawsuit by the Defendant Company is based on clearly false or fabricated evidence. Rather, in the event of determining that such filing of a lawsuit is a tort, the Plaintiff’s assertion is inevitable in terms of the civil trial system and the parties’ claim for a trial, as stated in the Supreme Court’s decision.