1. The part concerning the principal lawsuit in the judgment of the court of first instance is revoked, and the plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was between husband and wife, and the Defendant was the employee of C.

B. On September 16, 2015, the Defendant issued to the Plaintiff, who found the Defendant’s company on September 16, 2015, a certificate of borrowing that KRW 5 million will be repaid up to December 30, 2016.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the principal lawsuit

A. The parties’ assertion 1) Upon the request of C, the Plaintiff lent money to the Defendant on April 2015, and received a loan certificate from the Defendant. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 5 million and damages for delay. (ii) Defendant borrowed money by means of receiving money from C to the Defendant’s account on March 9, 2015, and did not borrow money from the Plaintiff, and the Plaintiff prepared and issued a loan certificate to the Plaintiff is the husband of C, and the Plaintiff took a strong action.

B. As seen earlier, it is recognized that the Defendant prepared and executed a loan certificate stating that the Defendant would repay the Plaintiff KRW 5 million to the Plaintiff.

However, the following circumstances acknowledged by the statement No. 3, the witness C and D’s testimony, the testimony of this court, the result of this court’s examination of the Plaintiff and each of the parties concerned, and the purport of the entire pleadings, namely, that C did not have to have the Plaintiff lent money to the Defendant and D, and it testified that it was paid KRW 3.5 million from the Defendant, and that D borrowed money from C to the Plaintiff on the same day as the Defendant. However, D, which the Plaintiff had drawn up a loan certificate with the Plaintiff, was the husband of C, and it was proved that the Plaintiff was the husband of C, and that the Plaintiff was to prepare a loan certificate to the Plaintiff, and that the Defendant was to find the Defendant’s company on the date of the Plaintiff’s preparation of the loan certificate.