1. The part concerning the counterclaim in the judgment of the court of first instance shall be revoked.

2. The Defendant (Counterclaim Plaintiff) added in the trial is selected.

1. On July 29, 2014, the first instance court accepted the Plaintiff’s assertion that B did not bear a contractual obligation of KRW 2,856,000 under a loan agreement with the Defendant on July 29, 2014, and accepted the Plaintiff’s claim against the Defendant, and rejected the Defendant’s claim that the Plaintiff is liable for damages, as the Plaintiff aided and abetted the Defendant’s tort, and thus, rejected the Defendant’s claim against the instant counterclaim.

In response to this, the Defendant appealed, and the cause of the counterclaim of this case. ① The loan contract of this case is valid pursuant to Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Documents Act”) or ② is valid by analogical application of the legal doctrine on apparent representation beyond the authority under Article 126 of the Civil Act. As such, the Plaintiff selectively added the Plaintiff’s assertion that the Defendant is liable to pay the money for the contractual liability.

Although the court prior to remand did not recognize the plaintiff's liability for damages arising from the plaintiff's tort against the defendant, it accepted the defendant's first selective claim, and since the loan contract of this case is valid, the plaintiff revoked the part concerning the principal lawsuit in the judgment of the court of first instance and dismissed the plaintiff's claim, dismissed the part concerning the damages for delay in the defendant's counterclaim and accepted the remainder of the claim, and sentenced to the cancellation of the part against the defendant corresponding to the above cited part among the part concerning the counterclaim of the court of first instance.

The plaintiff appealed against this, and the Supreme Court, the Supreme Court, the final appeal, dismissed the plaintiff's appeal on the plaintiff's claim of the principal lawsuit, and the court of first instance rejected the claim before the remand, but it is reasonable to selectively combine the claim in the appellate court.