1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 40,000,000 against the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The Plaintiff asserted as the Plaintiff’s principal claim, and around September 2016, that “(i) C would have borrowed KRW 20 million from the Defendant,” and (ii) was issued and delivered a loan certificate (No. 4) on September 20, 2016 from the Plaintiff. The Plaintiff issued the certificate and received KRW 20 million from the Defendant as “the Plaintiff borrowed” and did not pay it to the Plaintiff, with the Defendant’s auction funds for itself (hereinafter “the first loan”), and without the Plaintiff’s permission or consent on November 2016, KRW 20 million, KRW 700,000 from the Plaintiff, KRW 20,000,000 from the Defendant and paid KRW 20,000 to the Defendant for KRW 4,000,000,000 to the Defendant’s domestic loan (hereinafter “the Plaintiff’s loan certificate”) and KRW 201,000,000,000 to the Defendant’s loan 20,000 won.

“The Plaintiff’s 1 and 2 loans were extinguished, as the Plaintiff’s 1 and 2 loans were written up with a loan certificate (Evidence A No. 1), and the Defendant took over the Plaintiff’s 1 and 2 loans against the Defendant as the Defendant consented thereto.

Na. The defendant's assertion that "the non-existence of the claim is confirmed." The defendant set the plaintiff as a counterclaim, "the sum of the first and second loans 40 million won to the plaintiff at an interest rate of 0.025% per annum," and the defendant did not know the fact that he/she assumes the obligation with the discharge of the C as well as did not consent.

The plaintiff asserts that "the loan amounting to KRW 40 million and interest thereon from May 31, 2017 shall be claimed against the plaintiff.

2. Determination

A. The plaintiff.