1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The Defendant asserted that the Plaintiff filed an unfair lawsuit against the Plaintiff (Seoul Northern District Court 2017da862, 2017dada1016, 2017Gahap1237, etc.).

Accordingly, the plaintiff suffered a lot of mental pain.

The defendant is obligated to pay to the plaintiff KRW 100,000,000 as punitive damages for mental suffering and damages for delay.

B. Since the parties to a legal dispute seek a final settlement of the dispute against the court is an important issue related to the foundation of a rule of law, the right to a trial should be respected to the maximum extent possible. In determining whether the filing of a lawsuit or the filing of a lawsuit constitutes a tort, careful consideration should be given to the court so that it does not result in unreasonably restricting the use of the trial system.

Therefore, the filing of a lawsuit in order to seek the resolution of legal disputes is a justifiable act in principle, and it cannot be readily concluded that the filing of the lawsuit was a tort just because the person who filed the lawsuit was finally decided upon the judgment against him/her. However, from the perspective of the person who filed the lawsuit, the filing of a lawsuit may be illegal because it is forced to file a lawsuit and forced the respondent to bear an economic and mental burden on him/her, such as paying attorney fees, etc. for him/her. Therefore, in cases where a judgment against the losing person becomes final and conclusive, the filing of a lawsuit against the other party is illegal in such a case where the right or legal relationship alleged by the person who filed the lawsuit in the lawsuit in question has no factual and legal grounds, and the person who filed the lawsuit is aware of the same, or if the general public can easily know it, the filing of the lawsuit by filing a lawsuit, etc.