1. The part demanding confirmation of non-existence of the counterclaim of this case shall be dismissed.

2. Defendant (Counterclaim Plaintiff) C

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. 1) The Plaintiff is a person who runs the mobile phone wholesale business in the name of “F”, and Defendant B is a person registered as a business operator who runs the mobile phone retail business with the trade name of “G”, and Defendant C is a person who actually runs the mobile phone retail business with the trade name of “G.”

2) Around January 2018, the Plaintiff entered into a contract with Defendant C to commission the sales of a mobile phone and entrusted the sales of the mobile phone. Defendant C did not pay the Plaintiff the sales proceeds of the mobile phone totaling KRW 227,49,570,00 in November 2018, KRW 167,952,970 in December 2018, KRW 47,700,800 in December 2018, and KRW 11,845,80 in January 2019.

B. Defendant C was indicted as the facts charged that “The Plaintiff arbitrarily consumed the mobile phone sales proceeds to be paid to the Plaintiff, and embezzled total of KRW 199,601,100,00,” as indicated in the above paragraph (a) above, Defendant C was guilty of all the facts charged and sentenced to one year imprisonment on August 25, 2020.

2) Defendant C appealed against the above judgment, and currently is pending in the appellate trial by 2020No. 1117 of this Court.

(c)

On the other hand, on October 29, 2018, Defendant B entered into a guarantee insurance agreement with D Co., Ltd. and “the insurer: 20,000,000 won for purchase of the insurance,” and the content of the guarantee: The Defendant B was issued a guarantee insurance policy (securities number E; hereinafter “the instant guarantee insurance policy”) from D Co., Ltd., which is a “payment guarantee under a contract for a communications business entity’s agent (sale store). The Plaintiff was paid KRW 20,000,000 from D Co., Ltd. based on the instant guarantee insurance policy on October 30, 2019 (hereinafter “the instant insurance contract”).

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 9, 11 (including various numbers), the purport of the whole pleadings

2. The main office;