1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. At the time when the plaintiff filed a claim for return of unjust enrichment at a entertainment establishment operated by the defendant around 2003 as an employee, the non-party C, who was an employee of the defendant, did not pay 80,000,000 won advance payment to the defendant to Japan, and the defendant forced C to repay the above advance payment by assault and intimidation against the plaintiff. The plaintiff failed to pay 47,000,000 won to the defendant over several occasions in 205.

After that, C paid to the Defendant the sum of KRW 14,00,000,000 for each month at the time of residing in Japan in 2005, and KRW 5,000,000 for the Defendant’s entertainment business at the Defendant’s entertainment business after returning to Japan in 2005, and paid KRW 61,000,000 for each of the prepaid payments received by the Defendant to another entertainment business (= KRW 14,000 for the prepaid payments of KRW 5,000 for 61,00,000 for the prepaid payments of KRW 80,000 for the Defendant.

Therefore, the defendant received double 47,00,000 won without any legal ground from the plaintiff. Thus, the defendant must return the above money to the plaintiff as unjust enrichment.

B. The Defendant claiming the payment of consolation money, as above, forced the Plaintiff to repay the prepaid payment to the Plaintiff, and made assault and intimidation, and the Plaintiff suffered severe physical and mental pain, so the Defendant shall pay KRW 100,000,000 to the Plaintiff as consolation money.

2. Determination

A. The following facts are recognized in light of the facts without dispute over recognition, Gap evidence 1 to 3, Gap evidence 5, and the purport of the whole pleadings.

1) Around September 2003, the Plaintiff started to work as an employee at the entertainment establishment, “D” operated by the Defendant. Around that time, the Defendant: (a) had Nonparty C work as an employee at the said entertainment establishment; and (b) at the time, C received KRW 80,000,000 from the Defendant as a prepaid payment (hereinafter “instant prepaid payment”).

(ii) 2.