1. On January 1, 2016, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 122,600,000 and KRW 70,000 among them.

1. Basic facts

A. On August 7, 2009, the Plaintiff lent KRW 100,000,000 to C with interest rate of KRW 3% per month without setting the due date for payment. The Defendant jointly and severally guaranteed the said obligation to the Plaintiff.

On August 10, 2009, the Defendant jointly and severally guaranteed C’s total debt amounting to KRW 170,000,000 to the Plaintiff at the time.

C around the end of November 2009, the Plaintiff paid the principal of KRW 120,000,000 to the Plaintiff and the principal of KRW 50,000 remain.

On the other hand, the defendant borrowed 20,000,000 won from the plaintiff on April 1, 2013 as interest rate of 3% per month without fixing the due date.

B. On September 16, 2013, upon the Plaintiff’s introduction, the Defendant decided to purchase part of KRW 826 square meters of the land located in Gwangju-si Co., Ltd. (hereinafter “instant land”) owned in KRW 225,00,000 among the land located in Sejong-si Co., Ltd. (hereinafter “instant land”), and paid KRW 100,000 to the seller via the Plaintiff.

According to the sales contract for the instant land, 125,00,000 won remaining after the acquisition of civil engineering works and authorization and permission is paid. The seller, before completing civil engineering works for the instant land by March 30, 2014, decides to deliver the instant land to the Defendant after completing the said civil construction works, and if the seller fails to comply with the said promise, he/she shall cancel the sales contract for the instant land and pay the seller the principal and interest at 30% per annum to the Defendant.

C. The Plaintiff proposed that he/she transfer his/her right to the instant land to the Defendant on October 2013, and the Plaintiff and the Defendant transferred KRW 81,200,000 to the Plaintiff (as of October 28, 2013, including the Defendant’s debt of KRW 70,000,000 among the down payment of KRW 10,000,000, and the interest of KRW 11,200,000 up to the end of November 2013, and the remainder of KRW 18,80,000 to the Plaintiff by December 28, 2014, with the Plaintiff borrowed from the Defendant and repaid the interest of KRW 2% per month until the date on which repayment is impossible.