A. B borrowed KRW 20,000,000 (hereinafter “instant loan”) from the Hyundai Savings Bank on January 23, 2013 at interest rate of 39%. The instant loan claim was transferred to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) via ENS loan and ENS Won loan.

B. The Defendant asserted that the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) jointly and severally guaranteed the instant loan obligation and applied for a payment order against the Plaintiff to the Seoul Western District Court for the payment of “39,571,896 won and the amount calculated by the rate of 15% per annum from the day following the service date of the original payment order to the day of complete payment.” On April 18, 2017, the instant payment order was issued (hereinafter “the instant payment order”) and around that time, the instant payment order became final and conclusive (Seoul Western District Court Decision 2017Hu26501). [In the absence of dispute over the grounds for recognition, subparagraphs 1, 3, 3, 3 through 5, and the purport of the entire pleadings as a whole.

2. Grounds for a principal lawsuit and a counterclaim;

A. The Plaintiff, the cause of the principal claim, did not have a joint and several surety for the instant loan obligations.

Therefore, the execution order of this case should be excluded.

B. The Plaintiff, which caused the counterclaim, set the guarantee limit of KRW 26,00,000, and jointly and severally guaranteed the instant loan obligations.

However, as of April 3, 2017, the instant loan obligation remains in total of KRW 18,022,102, interest and delay damages in total of KRW 21,548,014 and KRW 39,570,116, the Plaintiff is obligated to pay KRW 26,00,000,000 to the Defendant.

3. We examine the principal lawsuit and the counterclaim together.

Since a payment order has no res judicata effect even after it became final and conclusive, the fact that the plaintiff guaranteed the obligation of the loan of this case has the burden of proof to the defendant.

First of all, the loans of this case shall be extended in full view of the entry of the evidence No. 6 and the purport of the whole pleadings.