1. The Defendant (Counterclaim Plaintiff) paid KRW 17,222,650 to the Plaintiff (Counterclaim Defendant) and its related amount from June 26, 2018 to January 22, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) was established on April 2, 2010 as a company aimed at carrying out the automobile transportation business for general cargo.

The defendant actually managed the non-party company from September 26, 2016 to September 26, 2016, and was registered as the representative director in the corporate register of the non-party company from September 17, 2015 to September 26, 2016.

B. The Plaintiff was registered as an auditor in the corporate register of the non-party company from November 1, 2012 to September 17, 2015 as an unqualified person known by the Defendant from around 2007, and was holding 3,000 shares of the non-party company from October 31, 2012 to September 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 11, Eul evidence 9 and 10 (including additional number), the purport of the whole pleadings

2. Determination on the main claim

A. 1) Determination on a claim for a loan is recognized based on the following facts: (a) the Plaintiff extended a total of KRW 30 million to the Defendant on March 1, 2015; (b) KRW 130 million on June 1, 2015; (c) KRW 500,000 on June 13, 2015; (d) KRW 450,000 on June 5, 2014; and (e) KRW 31,80,000 on May 4, 2015; or (d) KRW 1 and 6 (including the serial number). In full view of the aforementioned facts, barring any special circumstance, the Defendant is liable to pay the Plaintiff KRW 318 million on loan; and (e) the Defendant paid KRW 206,00,000 on the loan, KRW 1561,50,000,000 on May 14, 2015.

In regard to this, the Plaintiff asserted that the amount claimed by the Defendant is not the repayment but the amount received as compensation for indecent acts conducted by the Plaintiff on behalf of the Defendant, but there is no specific evidence to acknowledge it.