1. It is confirmed that the Plaintiff (Counterclaim Defendant)’s obligation to the Defendant (Counterclaim Plaintiff) does not exist.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Summary of the parties' arguments

A. From June 18, 2013 to August 20, 2016, the Plaintiff borrowed a total of 15.6 million won from the Defendant on 18 occasions, as shown in the separate sheet 1. The Plaintiff borrowed a total of 18 billion won from the Defendant without an agreement on the due date and interest.

The Plaintiff paid 19,450,000 won in total to the Defendant as stated in the table of the attached Table 2. The Plaintiff’s repayment of the above loan to the Defendant, and the repayment of more than 3,453,534 won would have been made even if it was appropriated to the obligee in the order of statutory appropriation of performance in favor of the obligee. Therefore, there is no obligation to

B. Around June 2013, the Plaintiff borrowed money several times from the Defendant to borrow money at the rate of 5% per month with a fixed interest rate of 2.8 million won.

The plaintiff paid a part of the principal and interest to the defendant, but it is difficult to adjust the loan relationship between the money lending and the money that the fraternity has received by joining the sequence of the defendant.

The details of the deposit asserted by the Plaintiff are most payments by the knife system, or 5% interest per month on the borrowed money, not the repayment for the principal of the borrowed money.

Around August 2016, the Plaintiff agreed with the Defendant to pay the principal and interest of the loan that has not been repaid until that time by opening an order of sequence of the Defendant, and agreed to pay the loan to the Defendant with the limit of 1,200,000 won (1,40,000 won per month after the receipt of the deposit) and the total of 26 units of the deposit amount per month (hereinafter “instant order”), and paid the loan to the Defendant in full by opening an order of 1,2, and 3 units of the deposit amount per month.

However, as above, the Defendant did not pay 7,56 million won (i.e., 1., 400,000 won x 3 old accounts x 18 times) a total monthly payment of 18/18 (i.e., 1,400,000 won)

2. In a lawsuit seeking confirmation of existence of a monetary obligation, the Plaintiff, the obligor, specifies the claim first.