1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordering payment:

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant, around December 2008, lent to the Plaintiff funds, such as C, D, and E, investors, or Defendant’s personal funds, from March 2009, as credit service providers that completed the registration of credit business.

B. On November 20, 2009, the Plaintiff settled the amount of 50 million won that the Defendant loaned to the Plaintiff with its own funds. The Plaintiff’s repayment period is November 19, 2010 when the Plaintiff paid the above 50 million won to the Defendant, and the interest rate is 3% per annum, and the interest rate is 12% per annum in the loan transaction contract with the certificate No. 5, but the interest rate is 12% per annum. However, it is a general practice in the transaction system to set the interest rate higher than the interest rate, and it is deemed that the notarial deed prepared thereafter is also prepared on this premise. Thus, it is reasonable to deem that the delay rate was set at the interest rate per annum 12% per annum.

Meanwhile, according to the former Act on Registration of Credit Business, etc. and Protection of Finance Users, which was in force on November 20, 2009, and the Enforcement Decree of the same Act, the maximum interest rate that credit service providers may receive through loan acts is 49% per annum. A loan transaction agreement was concluded with the purport that the Plaintiff’s husband, who is the husband, is a joint and several surety (hereinafter “instant loan agreement”).

C. Meanwhile, as the Plaintiff failed to repay the borrowed amount to C et al. investors, the Defendant repaid the borrowed amount of KRW 10 million to them.

On August 31, 2010, the Defendant prepared and delivered a power of attorney to prepare a notarial deed with the same content as the purport of the instant notarial deed as below in order to secure a loan of KRW 10 million,00,000,000 for which the Defendant repaid by the Defendant on August 31, 2010, and loans of KRW 50,000 under the instant loan agreement, and on November 15, 2010, the Plaintiff was paid the due date for payment from the Defendant on November 26, 2010, and the principal amount of the loan of KRW 80,000,000 for which the maturity of the instant loan agreement can be paid by the Defendant on February 26, 209 = 68 million.