1. The Plaintiff between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) based on the joint and several surety agreement concluded on October 7, 201.

1. In full view of the facts common to the principal lawsuit and the counterclaim, the following facts are acknowledged: (a) Nonparty B, the Plaintiff’s principal agent, borrowed KRW 4,00,00 from the Defendant to enter into a joint and several surety contract under the name of the Defendant (hereinafter “instant joint and several surety contract”) around October 7, 201 without obtaining the Plaintiff’s consent or permission, taking into account the entire purport of the pleadings as a result of the verification conducted by this court (B 4,5,6).

2. Determination on the principal lawsuit and the counterclaim claim

A. According to the above facts, since the joint and several sureties contract of this case was forged by stealing the plaintiff's name, the plaintiff does not bear the obligation of joint and several sureties under the joint and several sureties contract of this case against the defendant, and there is a benefit to seek confirmation of the existence of the obligation, since the defendant asserts that the obligation of joint and several sureties is being performed by the plaintiff.

(b) the principal claim.

As to this, the Defendant maintained the assertion that “The mobile phone number stated in the instant joint and several liability contract is the phone number opened in the Plaintiff’s name. At the time of the conclusion of the instant joint and several liability contract, the identification was conducted through the mobile phone number, and furthermore, through the credit card opened in the Plaintiff’s name. In light of this, the Plaintiff is liable for the expression agency because he used the mobile phone and credit card in his name or notified the information. Therefore, the Plaintiff is liable for the payment of principal and interest on the obligation under the instant joint and several liability contract.” However, the Defendant asserted that “the instant joint and several liability contract is concluded by the Plaintiff,” as the cause of the counterclaim, is “the instant joint and several liability contract is concluded by the Plaintiff.” As seen earlier, the said assertion is rejected.

section 1.

(Counterclaim Claim) Therefore, ...