1. Of the judgment of the first instance, the part against the Defendant ordering payment exceeding eight million won to the Plaintiff.

1. Facts of recognition;

A. On June 23, 2012, the Plaintiff lent KRW 20 million to the Defendant, who was the spouse of the C, who was the ASEAN (hereinafter “instant loan”) (hereinafter “instant loan”), and was drafted by the Defendant a certificate of borrowing the loan.

B. On October 11, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the instant loan by Suwon District Court Decision 2017Gaso24286, and was sentenced in favor of the Plaintiff who ordered the said court to “the payment of KRW 20 million and damages for delay thereof” on August 9, 2018.

Accordingly, the Defendant dissatisfied with this, and the Defendant appealed as Suwon District Court 2018Na75825, and the Plaintiff submitted the written withdrawal of the lawsuit on October 11, 2018, and October 12, 2018, while the appellate court is proceeding, and the Defendant did not raise any objection within two weeks from the date of receipt of the written withdrawal of the lawsuit, and thus, it was deemed that the Plaintiff consented to the withdrawal of the lawsuit on October 30, 2018.

hereinafter referred to as "prior action"

(C) On March 11, 2019, the Plaintiff filed the instant lawsuit. [In the absence of any dispute over the grounds for recognition, each of the entries and arguments as set forth in subparagraphs A and 3, and the purport of the entire pleadings.]

2. Summary and determination of the Plaintiff’s assertion

A. The gist of the Plaintiff’s assertion was that C, who performed a prior lawsuit on behalf of the Plaintiff, was prohibited from using C’s deposit account at the time of his/her use, and that C’s withdrawal of the prior lawsuit in order to use C’s deposit account again.

C inevitably withdrawn a prior suit by the defendant's intimidation.

As such, the Plaintiff suffered a considerable loss in the amount of KRW 20 million by the Defendant’s tort, the Defendant is obligated to pay the Plaintiff the amount of KRW 20 million as damages and the damages for delay.

B. Although the Plaintiff alleged that he/she suffered losses equivalent to the loans of this case by withdrawing a prior suit by intimidation by the Defendant, the evidence submitted alone, as alleged by the Plaintiff, voluntarily withdrawing the prior suit by the Defendant.