A. D is the father of the Plaintiff, and around 2006, the Defendant borrowed KRW 45 million, and the maturity date was agreed to pay KRW 50 million including the principal and interest, without setting the terms.

B. The scope of secured debt and repayment D are not satisfied.

On September 2012, the Plaintiff paid 15 million won, which is a part of the money to be paid to the Defendant. On September 17, 2012, the Plaintiff completed the registration of the establishment of a collateral security interest of the maximum debt amount of 60 million won against the Defendant on September 17, 2012, in order to secure the Defendant’s obligation to pay the remainder to the Defendant.

Then, the Plaintiff intended to repay the maximum debt amount set forth in the above mortgage contract to the Defendant, and the Defendant refused to pay the debt amount exceeding the maximum debt amount.

The Plaintiff, as a surety, is sufficient to repay within the maximum maximum debt amount (Supreme Court Decision 74Da998 Decided December 10, 1974), and on January 13, 2015, the Plaintiff deposited the said maximum debt amount with the Defendant as a depositee.

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.