1. There is no loan obligation of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendant in KRW 33,781,553.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On September 2009, the Defendant Company endorsed the Promissory Notes (hereinafter “instant Promissory Notes”) to the Plaintiff, and then delivered the said Promissory Notes to the Plaintiff. Around February 8, 2010, the Defendant Company endorseded the Promissory Notes (hereinafter “instant Promissory Notes”) to the effect that the Promissory Notes, the par value of which is 40,76,53 won, D, and due date.

On December 16, 2016, SCI Evaluation Information Co., Ltd., which was entrusted by the Defendant Company with debt collection business, notified the Plaintiff of “3,781,553 won” around the 20th of the same month.

On the other hand, on January 16, 2017, the Defendant sent to the Plaintiff content-certified mail to the effect that “I have accepted the fact that you would bring back a promissory note and that the loan remains.” The Defendant also sent 30,781,553 won of the debt amount to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. The summary of the party's assertion (1) The plaintiff asserted that, around September 2009, the bill of this case was not borrowed from the defendant company or the defendant, and the defendant did not bear any obligation to pay the loan, upon the request of the defendant to inquire about the place where the bill of this case may be discounted, and the bill of this case was issued to the KOU Construction Co., Ltd. and the defendant issued the bill of this case and notified the defendant of this fact.

(2) On the other hand, the Defendant Company: (a) promised the Plaintiff to discount bills to the Defendant on or around September 2009; and (b) thus, the Defendant Company seeks payment of KRW 33,781,553, excluding KRW 6,985,00 already paid by the Plaintiff from the face value of the Promissory Notes.

B. In a lawsuit seeking confirmation of the existence of a monetary obligation against the claim on the principal claim, if the plaintiff, who is the debtor, denies the fact that the cause of the obligation occurred by specifying the claim first, the defendant, the creditor, is the requisite fact of the legal relationship.