1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

1. The following facts are clearly recorded in the judgment subject to a retrial:

On July 2, 2013, the Plaintiff filed a lawsuit with the court of first instance against the Defendant on May 18, 2012, which sought confirmation that there is no security deposit obligation of KRW 5,000,000 against the Defendant based on the monetary loan contract concluded by B with the Defendant on May 18, 2012. On July 17, 2013, the Plaintiff added a claim for reimbursement of KRW 1,000,000 for mental damages arising from illegal collection, etc. on July 15, 2013. Accordingly, the Defendant filed a claim against the Plaintiff for reimbursement of KRW 4,963,60 for deposit based on joint and several surety contract and damages for delay of KRW 4,957,041 among them, and as a preliminary claim for reimbursement of damages for tort, KRW 4,957,041 and damages for delay.

B. On December 2, 2014, the court of first instance accepted the Plaintiff’s claim for confirmation of existence of the obligation, and rejected the claim for consolation money, and dismissed the Defendant’s counterclaim, and rendered a judgment that partly accepted the claim for compensation based on the tort.

C. As to the judgment of the first instance, the Plaintiff and the Defendant filed each appeal, and the appellate court rendered a judgment dismissing both the Plaintiff and the Defendant’s appeal on June 30, 2015.

Although the Plaintiff appealed against this and filed a final appeal, the court of final appeal dismissed the final appeal on October 15, 2015 (Supreme Court Decision 2015Da227086, Supreme Court Decision 2015Da227093 (Counterclaim)). The judgment subject to final appeal became final and conclusive as it is.

2. Determination on the legality of the litigation of the retrial of this case

A. The Plaintiff’s assertion violates Article 3(1) of the Special Act on the Protection of guarantors that the intent of the guarantee should be indicated in writing with the signature and seal or signature, and Article 107(1) of the Civil Act and Article 3(2) of the same Act.