2. The costs of lawsuit shall be borne by the Plaintiff.

A. On September 17, 2013, the Plaintiff lent KRW 200 million to C.

B. On October 4, 2013, F loaned KRW 60 million to C, while G leased KRW 20 million to each other. As to the instant real estate owned by C on October 7, 2013, F completed the registration of creation of a neighboring mortgage of KRW 90 million with respect to the maximum debt amount, and KRW 30 million with respect to G, respectively.

C. On October 14, 2013, the Defendant leased KRW 200 million to C with interest rate of KRW 36% per annum, and on April 13, 2014 as of the due date, concluded a mortgage agreement with C with respect to the instant real estate as collateral (hereinafter “instant mortgage agreement”) and completed the registration of creation of mortgage over the following day.

C’s assets are due to this case’s real estate, and C is liable to return the lease deposit equivalent to approximately KRW 282.5 million to the lessee of this case’s real estate.

E. According to the distribution schedule prepared on August 28, 2014 in this Court D and E (Dual Auction), the Defendant received dividends of KRW 30 million and KRW 22,421,124 in the order of 30 million, respectively. The Plaintiff raised an objection against KRW 177,578,876 out of the Defendant’s dividend amount.

[Ground of recognition] A without dispute, Gap evidence 1-2, Gap evidence 2-8, Gap evidence 10-1 through 3, Gap evidence 12, 13-1, Eul evidence 2-2, Eul evidence 4-1, 2-2, Eul evidence 4-1, 2-2, Eul evidence 13-1, 13-1, 13-2, and the whole purport of the pleadings, the result of the inquiry into the witness C and H's testimony, the fact-finding to the Y-gu office in Ansan-si, the whole purport of the pleadings

2. The Plaintiff’s assertion C concluded the instant mortgage contract with the Defendant even though it was aware that the amount of joint collateral of the instant real estate, which is the only asset in excess of the debt, was insufficient to secure the claim. This constitutes fraudulent act, and is presumed to have been malicious by the Defendant, a beneficiary. As such, the instant mortgage contract is presumed to have been in bad faith by the Defendant, the maximum debt amount of which is KRW 30 million = KRW 80 million, which is the actual secured debt amount of senior mortgage = KRW 60 million.