1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

1. Basic facts

A. On May 14, 2003, the Plaintiff filed a lawsuit against the Defendant and C for a loan claim with the Suwon District Court Branch 2003 Ghana3870

(hereinafter “instant prior suit”). B.

In the previous suit of this case, on April 28, 2004, the above court decided to recommend reconciliation that "the defendant shall pay to the plaintiff KRW 10,000,000,000, which shall be paid in 10 installments from May 10, 2004 to the 30th day of each month. Even once, if the defendant delays the payment of the above money, he shall lose the benefit of the due date without any separate peremptory notice, and shall pay the whole balance plus damages for delay calculated at 20% per annum from the day following the day of delay until the day of complete payment." The above decision of recommending reconciliation was finalized on May 18, 2004, because the plaintiff and the defendant did not raise an objection within 2 weeks from the day of receiving the above decision.

C. Meanwhile, the Defendant did not additionally repay to the Plaintiff after the decision to recommend reconciliation in the prior suit of this case became final and conclusive.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's main defense

A. The plaintiff's counterclaim of this case is unlawful because the plaintiff's counterclaim of this case completely differs from the plaintiff's claim of the principal lawsuit and the cause of the claim, etc.

B. In order for a counterclaim to be lawful, the counterclaim should be related to the means of defense against the main claim or the main claim (the latter part of Article 269(1) of the Civil Procedure Act). Here, the relevance to the main claim refers to a case where the formation of legal relations identical to the main claim is intended or the cause of the claim is identical, even if the cause of the claim is not identical, where the main part of the main cause of the claim is factual or legal common, and the relevance of the means of defense against the main claim is attributable to the grounds and causes of defense against the main claim.