1. Facts of recognition;

A. On November 30, 2012, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a loan agreement on KRW 45,100,000 (hereinafter “instant loan agreement”) of the purchase price of a motor vehicle listed in the attached Table (hereinafter “instant motor vehicle”) with Hyundai Capital Capital Co., Ltd. (hereinafter “Span Capital”), and the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) who was the representative director of the Defendant (hereinafter “Plaintiff”) jointly and severally guaranteed the instant loan agreement by the Defendant.

B. On November 30, 2012, the Defendant completed the registration of ownership on the instant motor vehicle, and rendered the instant loan to Hyundai Capital Capitals at the claim price by setting the right to collateral security.

C. On August 28, 2014, the Plaintiff resigned from the Defendant’s representative director, but from August 25, 2014, the Plaintiff occupied the instant automobile and did not deliver it to the Defendant.

Meanwhile, from December 26, 2012 to August 25, 2014, the Defendant paid KRW 19,434,633 (hereinafter “Defendant payment”) to Hyundai Capital Capital according to the instant loan agreement, and the Plaintiff paid KRW 15,970,089 (hereinafter “Plaintiff payment”) from September 25, 2014 to February 29, 2016.

[Reasons for Recognition] Facts, non-contentious facts, Gap evidence 1 to 6, the purport of the whole pleadings

2. Determination as to the principal lawsuit and the counterclaim

A. According to the facts of the judgment as to the cause of the principal claim, the Plaintiff’s payment of the instant loan as a joint and several surety under the instant loan contract. Thus, the Defendant, the principal obligor, as the Plaintiff, is the Plaintiff, the purport of the claim and the cause of the claim as of October 31, 2017, as sought by the Plaintiff, after September 25, 2014, the first payment date of the Plaintiff out of the instant loan was 15,970,089 won and the first payment date of the Plaintiff.