1. The plaintiff's claim is dismissed.

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

1. On December 13, 2016, the Defendant filed a claim for damages against the Plaintiff, and sentenced the said court to pay the Defendant 200,000 consolation money due to insult and the amount calculated by applying 5% per annum from May 12, 2016 to December 13, 2016, and 15% per annum from the next day to the date of complete payment. The said judgment became final and conclusive on January 5, 2017.

2. The Plaintiff’s assertion was confirmed that the amount of the litigation cost to be repaid was KRW 274,220 by filing an application for confirmation of litigation costs with the Seoul Southern District Court 2017Kada189 against the Defendant. Since the Plaintiff, with the said claim, declared a set-off declaration against the Defendant’s claim based on the judgment that the Defendant had against the Plaintiff, enforcement based on the instant judgment should be denied.

3. In a case where the obligation was caused by an intentional tort under Article 496 of the Civil Act, the obligor cannot set up against the obligee by set-off.

However, since the defendant's claim against the plaintiff constitutes consolation money due to insult, it is not allowed to offset by the plaintiff's expression of intent since it is the damage liability that the plaintiff bears due to intentional tort.

Therefore, the plaintiff's assertion cannot be accepted without examining the remainder of the issue.

4. The plaintiff's claim is dismissed on the ground that it is without merit.