A. On January 16, 2017, the Plaintiff lent KRW 165,00,000 to the Defendant at an interest rate of KRW 1.5% per month and due date on July 16, 2017.

B. The Plaintiff received dividends of KRW 8,866, and KRW 463 on January 21, 2020 in the Suwon District Court E in the procedure for the share of each Defendant’s ownership among the land size of 8,866,00 square meters and D forest size of 7,438, in relation to the above loan prior to partition.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s judgment recognizes that the agreed interest was paid by the Defendant from November 16, 2018. Accordingly, according to the above facts, the Plaintiff’s dividends amounting to KRW 35,05,737 (=165,000 + 165,00,000 X [166/365] from November 17, 2018 to January 21, 2020, the dividends amounting to KRW 124,372,726 (i.e., the remainder of KRW 159,428,463 - interest appropriation amount - KRW 35,05,737) is appropriated for the repayment of principal, and it is obvious that the remainder of the Plaintiff’s loans remaining as KRW 406,274,74,00 is remaining within the scope of KRW 4067,74,00 (the remaining amount of the Plaintiff’s loans remaining within the scope of KRW 407,73747).

In regard to this, the defendant asserted that the principal and interest of the loan was fully repaid with dividends in the above auction procedure, but the defendant's above assertion is reasonable only to the extent recognized as being in the calculation as above, and the remaining arguments are without merit.

3. In conclusion, the defendant is obligated to pay to the plaintiff 40,627,274 won loans and delay damages calculated at the rate of 5% per annum under the Civil Act from May 20, 2020 to July 9, 2020, which is the date of the decision of this case, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which is the day after the day when the defendant served the application for the payment order of this case, as requested by the plaintiff, to the plaintiff. Thus, the plaintiff's claim is within the scope of recognition.