1. From December 15, 2015 to August 17, 2016, the Plaintiff (Counterclaim Defendant) paid three million won to the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. On September 2010, the Defendant received counseling from the Plaintiff, an employee of C, about individual rehabilitation and bankruptcy at the certified judicial scrivener office run by C, and delegated C with relevant affairs, such as application for individual rehabilitation.

B. C did not file an application for individual rehabilitation with the court after confirming that the Defendant’s debt exceeds KRW 500 million and does not meet the requirements for individual rehabilitation.

C. On November 2014, the Defendant sought the progress of the rehabilitation application case from March 2015 to the Plaintiff several times, including the Defendant’s creditors’ seizure of benefits and retirement allowances.

As to the defendant's inquiry, the plaintiff was under way in the process of the rehabilitation application case, and the defendant recorded the above currency contents and submitted a record of the recording as evidence in the lawsuit between the defendant and C.

[Reasons for Recognition: Facts without dispute, Gap 4, Gap 6, Eul 2-1 through 9, the purport of the whole pleadings]

2. Assertion and determination

A. 1) As to the Defendant’s claim for damages arising from a tort against the Plaintiff’s deception, the Plaintiff asserts that the Plaintiff’s claim for damages against the Plaintiff while seeking damages against C is unlawful as a duplicate suit (the Plaintiff sought dismissal of the claim, but the duplicate suit constitutes a litigation requirement, and thus, the Plaintiff’s claim constitutes a defense prior to the merits.

A) The Plaintiff, an agent of the performance of C, can be assessed as a tort and as a default of C’s obligation (in this case, the Plaintiff’s liability for damages is established as a quasi-joint and several liability relationship.

(2) In addition to the claim against C, seeking damages against the Plaintiff does not constitute double lawsuit. The Plaintiff’s defense prior to the merits is not accepted. 2) The Plaintiff’s liability for damages.