1. The part of the Defendant-Counterclaim Plaintiff’s claim for nullification of the counterclaim shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 29, 2012, the Defendant prepared the instant certificate containing the following descriptions and delivered it to the Plaintiff.

The amount borrowed as money borrowed: The date of borrowing 60,000 won on November 29, 2012: the debtor shall verify that 60,000,000 won was borrowed from the creditor as above on November 3, 201.

Interest shall be repaid by bringing to the creditor by the end of each month.

The principal shall be repaid in full by February 30, 2013.

Obligor B (Defendant): Creditor B (Defendant) on November 29, 2012: Return to Plaintiff

B. Furthermore, on November 30, 191, the Defendant completed the registration of the establishment of the instant neighboring mortgage (the maximum bond amount of KRW 90,000,000, the debtor, the defendant, and the mortgagee) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. As to the legitimacy of the part of the claim for invalidity confirmation among the counterclaim, the defendant seeks to confirm the invalidity of the Certificate of this case as a counterclaim, it first examines it ex officio.

A lawsuit for confirmation is recognized only where it is the most effective and appropriate means to eliminate the Plaintiff’s legal status’s uncertainty and risk. If the Defendant’s claim for confirmation is a separate claim seeking cancellation of the registration of creation of a neighboring mortgage on the ground that the secured debt of the instant case is null and void, this objective is sufficient to seek cancellation of the registration of creation of a neighboring mortgage, which is a direct means to resolve the dispute effectively and appropriately.

In doing so, there is no benefit to seek confirmation of invalidity of the secured obligation, which is separately sought for a cancellation of a counterclaim (in fact, the defendant claims the cancellation of a counterclaim), and if there is a benefit to seek confirmation of invalidity of the secured obligation, not to mention that the defendant's claim for confirmation of invalidity is intended to dispute the legal relationship related to the claim for a loan sought by the plaintiff as the principal lawsuit, the defendant