1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The gist of the Plaintiff’s assertion is that, even though the Plaintiff was aware that he did not have a duty to pay KRW 40 million to the Defendant or to himself, the Plaintiff forged a performance memorandum with the Plaintiff’s husband’s seal impression attached to the Plaintiff’s husband D without obtaining the Plaintiff’s permission, on December 6, 2015, stating that “the Plaintiff shall pay KRW 40 million to the Defendant” (a certificate No. 3; hereinafter “instant performance memorandum”).

As above, the defendant knew that the plaintiff was not obligated to pay 40 million won to the defendant or C, or even if he was obligated to pay 40 million won.

Even though it is aware that the debt is merely KRW 20 million, in collusion with C, the Plaintiff filed a lawsuit seeking payment of the agreed amount based on the instant performance memorandum, and then filed a lawsuit against the Plaintiff (the Jung-gu District Court High Court High Court Decision 2016Da3570, hereinafter “relevant contract claim”), and submitted the instant performance memorandum as evidentiary materials, and subsequently withdrawn the lawsuit and committed a tort committed by attempted fraud.

From around December 10, 2015 to February 2016, the Defendant urged the Plaintiff to pay the money from time to time, or sending text messages, or demanded the establishment of a right to collateral for payment of the money, demanded the establishment of a right to collateral security for the payment of the money, and made verbal abuse with the Plaintiff’s home without contact. On January 21, 2016, the Defendant’s act of drinking alcohol and threatened the Plaintiff with sound.

The defendant's tort, such as the defendant's above, caused damage to the plaintiff who is suffering from extreme anxietys, disorder in labor adjustment, depression, etc. and is currently being treated and operated for the wholesale and retail business, so the defendant should pay consolation money of KRW 30 million as part of his claim to the plaintiff.

2. The following circumstances are revealed by the respective descriptions of evidence Nos. 7, 10, and 11 and the purport of the entire pleadings: (i) the Plaintiff.