1. As to the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), KRW 4,040,00 based on the joint and several surety contract concluded on June 30, 2014.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff and B were workplace workers, and B was in charge of accounting and accounting at the workplace.

B, as it is necessary for the work process, the documents such as the health insurance acquisition and loss certificate, resident registration certificate, resident registration abstract, etc. of the Plaintiff, and the joint and several guarantee certificate forged in the name of the Plaintiff as indicated below to the Defendant (Counterclaim Plaintiff) and the Defendants, respectively.

C. On June 18, 2014, KRW 3,000,000 in the amount guaranteed by the principal debtor as of June 30, 2014, KRW 4,040,00 in the amount guaranteed by the principal debtor, Defendant M&D loan Co., Ltd. 2, Defendant M&D loan Co., Ltd. (hereinafter “Defendant M&D loan”) KRW 3,000 on July 1, 2014, Defendant M&D loan Co., Ltd. (hereinafter “Defendant M&D loan”) KRW 4,00 on August 18, 2014.

B. B, as above, submitted a joint and several surety in the Plaintiff’s name, and prosecuted the Defendant (Counterclaim Plaintiff) and the Defendants through the criminal facts by which the loans were obtained by the Defendants (Seoul Southern District Court 2016Ma3962), and made a statement that recognized all the facts charged during the trial procedure.

[인정 근거] 다툼 없는 사실, 갑 2, 3, 5, 6∽9호증의 각 기재, 변론 전체의 취지

2. The parties' assertion

A. Since the Plaintiff’s assertion B forged a joint and several guarantee contract under the Plaintiff’s name and submitted it to the Defendant (Counterclaim Plaintiff) and the Defendants, the Plaintiff does not bear a joint and several guarantee obligation against the Defendant (Counterclaim Plaintiff) and the Defendants.

B. In the first place, the Defendant (Counterclaim) confirmed the Plaintiff’s intent of guarantee through the physical card certification procedure under the Plaintiff’s name. The Plaintiff sent the joint and several guarantee contract to the place requested by the Plaintiff and received the delivery of the joint and several guarantee contract from the Plaintiff.

As such, since a joint and several surety contract was concluded lawfully between the Plaintiff and the Defendant (Counterclaim Plaintiff), the Plaintiff is liable to perform the joint and several surety obligation to the Defendant (Counterclaim Plaintiff).

Preliminaryly, the Defendant (Counterclaim) by facsimile from the Plaintiff.