1. The defendant-Counterclaim plaintiff shall be dismissed in the first instance;

2. The Defendant (Counterclaim Plaintiff) as to the principal lawsuit.

Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.

1. On March 15, 2017, the Defendant entered into an installment financing contract with D Co., Ltd. (hereinafter referred to as “C”), an agent of C Co., Ltd. (hereinafter referred to as “C”) to obtain a loan for purchase price, setting the amount of KRW 2,880,00, monthly installments of KRW 80,000, monthly installments of KRW 36 months, overdue interest rate of KRW 25%, and overdue interest rate of KRW 2,80,00, and the Plaintiff guaranteed the Defendant’s debt.

In addition, the defendant agreed to apply damages for delay calculated at the rate of 25% per annum to the plaintiff's subrogation because he did not pay the loan at the time.

Since then, according to the installment financing contract, the loan was implemented in C, but the Defendant lost the benefit of time due to the date of removal of installments, and the Plaintiff, a joint guarantor, subrogated to C totaling KRW 493,210 (= KRW 84,453 on May 8, 2018, KRW 81,293 on May 29, 2018, KRW 81,728 on June 27, 2018, KRW 81,788 on July 27, 2018, KRW 81,905 on August 28, 2018, KRW 82,043 on October 1, 2018).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendant bears the obligation to pay 493,210 won by subrogation to the plaintiff as a joint and several surety and damages for delay, unless there are special circumstances.

In this regard, the defendant asserts to the effect that the electronic sign board purchased by himself was fraudulent by the seller, such as the failure of the electronic sign board and the payment of the subsidy to him, and that he cannot respond to the plaintiff's claim since C and the plaintiff are responsible for it.

However, the defendant does not submit any evidence to prove it, and such circumstance alone does not prevent the plaintiff's claim of this case. Therefore, the defendant's above assertion is without merit.