1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. From the beginning of 2009 to the spring of 2015, the Plaintiff maintained an internal relationship with the Defendant, while the Defendant in spring of 2015 showed the fact that the restriction was concurrently revealed with other women.

B. The Plaintiff only received money in the name of living expenses from the Defendant during the teaching process, and did not receive money in connection with investment in the sales department store operation business, the Defendant filed a complaint with the Gwangju District Prosecutors’ Office 2015-type and 24871 to recover the said money as fraud. On October 27, 2015, the Plaintiff was subject to a disposition not suspected by the Gwangju District Prosecutors’ Office, but continued to be bullying by filing a loan lawsuit against the Plaintiff.

C. As above, the Defendant brought a complaint against the Plaintiff in the form of fraud by asserting that (i) the money that the Defendant donated to the Plaintiff, based on the relationship with the Plaintiff during the process, was “investment money,” and (ii) filed a lawsuit claiming a loan against the Plaintiff, claiming that the money was “loan money,” thereby resulting in tort such as fraud.

The defendant is liable to compensate the plaintiff for damages caused by the illegal act, since the defendant has been forced to repay the plaintiff without pressure. Thus, the defendant is liable to compensate the plaintiff for damages.

Therefore, the defendant is obligated to pay 20 million won to the plaintiff as consolation money.

2. Determination

A. 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 act of filing a lawsuit or an action of response constitutes a tort, careful consideration should be given so that it does not result in an unreasonable restriction on the use of the trial system at least (see, e.g., Supreme Court Decision 98Da52513, Apr. 13, 199).